GENERAL TERMS OF SALE
Acceptance of the general sale terms
1. The contract concluded between Kensington Green Sp. z o.o. and the customer must be concluded with the acceptance, even only partial, of the order by Kensington Green Sp. z o.o.. Such acceptance is deemed tacit, unless otherwise communicated in any manner to the customer. By placing an order in the various modalities envisaged, the customer declares that he has taken into account all the particulars provided to him during the purchase procedure, and to accept in full the general and payment conditions of the following transcribed.
2. If the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his or her professional activity), once the online purchase procedure is completed, he will print or save electronic copy and in any case retain the present general conditions of sale, in accordance with the provisions on remote sales.
3. All rights of the customer shall be excluded for damages or indemnification, as well as any contractual or extra liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order.
How to buy
4. The customer can purchase only the products in the electronic catalogue of Kensington Green Sp. z o.o. at the time of the forwarding of the order and viewable online at the address (URL) https://kensington-green.pl/, as described in the relevant factsheets.
5. The correct reception of the order is confirmed by Kensington Green Sp. z o.o. through a reply by e-mail, sent to the e-mail address communicated by the customer. This confirmation message will report data, order number, to be used in any further communication with Kensington Green Sp. z o.o.. The message reproposes all the data entered by the customer who undertakes to verify the correctness and to communicate promptly any corrections, according to the modalities described in this document.
5a. For each order made on https://kensington-green.pl/, a fiscal document will be issued and sent by e-mail to the order's holder. For the issue of the invoice, the information provided by the customer at the time of the order is authentic. No variation in the invoice will be possible, after the emission of the same.
6. In case of non-acceptance of the order, Kensington Green Sp. z o.o. guarantees timely communication to the customer.
6a. Kensington Green Sp. z o.o. reserves the right to cancel orders deemed untrusted without prior notice. In this circumstance, if the customer has made the payment and this is already credited, Kensington Green Sp. z o.o. will proceed to the immediate reversal of the total amount of the order.
How to pay
7. Credit card
in case of purchase of the goods with credit card payment method, the transaction can be made through the secure Pay Pal server. It will be the customer to choose at the time of the end of the order its preference.
7.1 In no time of the purchase procedure, Kensington Green Sp. z o.o. is able to know the information concerning the credit card of the purchaser, transmitted through a protected connection directly to the site of the bank which manages the Transaction. No computer archive of Kensington Green Sp. z o.o. will retain this data. In No event shall Kensington Green Sp. z o.o. be liable for any fraudulent and undue use of credit cards by third parties, upon payment of products purchased.
8. Cash on delivery
in case of purchase in with “Cash on delivery”, the payment must be made in cash or bank cheque. The payment on Cash on delivery has an additional fee of 6.50 £ for cash collection expenses. The communication to the customer of which courier will be in charge of the delivery will be done with the modalities provided on the site. Nothing more than indicated at the moment of the order will be due from the customer.
9. Advance Bank transfer
In case of payment by bank transfer in advance, as ordered by the customer will be kept committed until the actual accreditation by the Bank of the amount due on the C/C of Kensington Green Sp. z o.o.. This accreditation must take place within 7 working days from the date of acceptance of the order. Order fulfillment times depend on the bank's credit speed and average around 3 working days.
9a. Currency
all amounts displayed on https://kensington-green.pl/ are expressed in Euro, which is the reference currency. All amounts expressed in currencies other than the Euro are to be considered indicative and liable to change due to currency exchange.
Kensington Green Sp. z o.o. reserves the right to change prices at any time, without notice.
Terms and delivery costs
10. Kensington Green Sp. z o.o. can accept orders only with delivery and invoicing in Polska .
11. For each order made on https://kensington-green.pl/, Kensington Green Sp. z o.o. issues an invoice of the goods shipped, sending it by e-mail to the owner of the order. For the issue of the invoice, the information provided by the customer at the time of the order is authentic. No variation in the invoice will be possible, after the emission of the same.
12. Delivery costs vary depending on the quantity of products ordered and the distance to be travelled. The payment of the goods by the customer will be done using the mode chosen at the time of the order. Nothing is owed in more by the customer than the total of the order.
13. No liability may be charged to Kensington Green Sp. z o.o. in case of delay in order fulfillment or delivery of the ordered.
14. Unless expressly stated by our Customer Service, the delivery is meant on the ground floor. At the time of delivery of the goods by the courier, the customer is obliged to check:
• that the number of parcels delivered corresponds to what is indicated in the delivery slip;
• That the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal strapping).
Any damage to the package and/or the product or the mismatch of the number of packages or indications, must be immediately contested by written to the courier. Once the courier document has been signed, the customer will not be able to oppose any objections to the outward characteristics of the delivery.
Any problems inherent in the physical integrity, correspondence or completeness of the products received must be reported within 7 days after delivery, in accordance with the procedures laid down in this document.
15. In case of non-withdrawal within 5 working days of the material present in stock at the courier's warehouses due to repeated impossibility of delivery to the address indicated by the customer at the order, the order will be automatically cancelled. Kensington Green Sp. z o.o. reserves the right to charge the customer the costs of stock and shipment.
Right of withdrawal
16. If the customer is a consumer, is entitled to withdraw from the purchase agreement for any reason, without the need to provide explanations and without any penalty, except as indicated in the following paragraph 18.
17. In order to exercise this right, the customer shall send to Kensington Green Sp. z o.o. a communication, within 10 working days from the date of receipt of the goods. This communication must be sent by registered letter with notice of receipt, addressed to:
Kensington Green Sp. z o.o.
Głogowska 277
Poznań
60-104
(Polska)
or by telegram or fax always sent within the said term of 10 days and followed by a confirmation by registered letter with acknowledgement of receipt, sent strictly within 48 hours. The customer at his expense must send the goods to Kensington Green Sp. z o.o. within 10 days of the authorisation. The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and packages), guarded and possibly used according to normal diligence, without any signs of wear or dirt, in compliance with the conditions of Point 18.
18. The right of withdrawal shall, however, be subject to the following conditions:
• The right applies to the product purchased in its entirety; it is not possible to withdraw only on part of the product purchased (e.g.: Accessories);
• The purchased goods must be intact and returned in the original packaging, complete in all its parts (including packing and eventual documentation and ancillary equipment); It should be avoided in all cases the affixing of labels or adhesive tapes directly to the original packaging of the product;
• In accordance with the law, the shipping costs relating to the return of the goods are borne by the customer;
• The shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
• In case of damage to the goods during the transport, Kensington Green Sp. z o.o. will give notice to the customer of the incident (within 5 working days from the receipt of the goods in its warehouses), in order to allow him to promptly file a complaint against of the courier chosen by him and obtain reimbursement of the value of the asset (if insured); In this eventuality, the product will be made available to the customer for its restitution, at the same time cancelling the request for withdrawal;
• Kensington Green Sp. z o.o. does not respond in any way to damages or theft/loss of goods returned with uninsured shipments.
19. Without prejudice to any costs of restoration for damage made to the original packaging, Kensington Green Sp. z o.o. will reimburse to the customer the full amount already paid, net of the shipping costs incurred, within 14 days of the return of the goods, through reversal procedure of the amount charged to the credit card or by bank transfer. In the latter case, it will be customer care to promptly provide the bank details on which to obtain the reimbursement (IBAN code - account holder of the invoice).
20. The right of withdrawal totally lapses, for lack of the essential condition of integrity of the good (packaging and/or its contents), in cases where Kensington Green Sp. z o.o. ascertain:
• The absence of the original packaging; • The breaking up of the seal of the product; • Damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, Kensington Green Sp. z o.o. will return to the sender the purchased goods, charging the shipping costs.
20.a Entities not entitled to withdrawal
the consumer cannot exercise the right of withdrawal if he purchases for purposes relating to his business or professional activity, i.e. where he had bought with VAT, with relative Invoice issuance.
Warranty
21. The products sold by Kensington Green Sp. z o.o. are of the highest quality and standard in production tolerances. Since no control is possible on the installation of the product, no warranties, express or implied, are provided on the final result and no liability is assumed directly or indirectly by the use of the products. Users are encouraged to do tests before the application.
22. In the event that the purchaser is dissatisfied, the sole liability of the seller shall be limited to providing free of charge, at its discretion, sufficient quantity of product for a new application or to recast the purchase price.
Privacy
23. The personal data requested during the forwarding of the order shall be collected and processed in order to satisfy the express requests of the customer and will not in any case be transferred to third parties. Kensington Green Sp. z o.o. guarantees to its customers compliance with the regulations regarding the processing of personal data, pursuant to art. 13 of the Regulation (EU) 2016/679 (hereinafter, the “GDPR”). For further information please consult the appropriate section at the Internet address https://kensington-green.pl//legal/privacy-policy The data controller is Kensington Green Sp. z o.o., Głogowska 277 Poznań 60-104 (Polska) .
Complaints
24. Any eventual complaint must be addressed to Kensington Green Sp. z o.o., Głogowska 277 - Poznań - 60-104 (Polska)
Applicable law
25. The sales contract between the customer and Kensington Green Sp. z o.o. is concluded in Italy and will be governed by Italian law and the Italian courts have jurisdiction to settle any disputes which may arise out of or in connection with it.