General Conditions of Use
These general terms and conditions of use (hereinafter the “General Terms and Conditions of Use”) regulate access and use of the “CYCLAMPA.COM” website (hereinafter “the Website”) by the user. access to the Site and use of the same, the user confirms to have examined and accepted the General Conditions of Use.
The manager may modify or simply update these General Terms and Conditions of Use in whole or in part. Changes and updates to the General Conditions of Use will be made known to users on the Home page of the Site as soon as they are adopted and will be binding as soon as they are published on the Website in this section
Intellectual Property Rights
- The contents of the Site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format published on the site, including menus, web pages, graphics, colors, layouts, tools, fonts and design of the Site, diagrams, layouts, methods, processes, functions, databases and the software that are part of the Site (hereinafter referred to as the “Content”), are protected by copyright and by any other intellectual property right of the Manager and its assignors. It is forbidden to reproduce, in whole or in part, in any form, the Site and its Contents, without the express written consent of the Manager. The Manager has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents
- With regard to the use of the Site, the user is only authorized to view the Site itself and its Contents.
The user is not authorized to perform any reproduction, on any support, in whole or in part of the Site and its Contents. Any act of reproduction must, from time to time, be authorized by the Operator or, if necessary, by the holders of the rights of the individual works contained in the Site. Such reproduction operations must in any case be performed for lawful purposes and in compliance with the law of author and other intellectual property rights of the Operator and / or its licensors. The authors of individual works published on the Site have, at any time, the right to claim authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves, including any damage caused to the works, which is prejudicial to their honor or reputation.
- The user undertakes to respect the copyright of those who publish their works on the Site or who, in any way or form, the Content of the Site and any single work protected by copyright and by any other right to Intellectual property.
Trademarks and domain names
All the distinctive signs that distinguish the products sold on the Site and present in the same are registered trademarks of the respective owners and are used for the sole purpose of distinguishing, describing and advertising the products on sale.
The Manager and all other owners of registered trademarks have the right to make exclusive use of the trademarks of their respective ownership. any use of these trademarks not in compliance with the law and, in any case not authorized, is prohibited and will be prosecuted according to the law. It is in no way permitted to use these trademarks and any other distinctive sign present on the Site to take unfair advantage of the distinctive character or reputation of these trademarks or in such a way as to prejudice them and their owners.
General conditions of Sale
The present general sales conditions (hereinafter “General Sales Conditions”) govern the offer and sale of products on this website cyclampa.com (hereinafter “Website”). The products purchased on the site (hereinafter “Products”) are sold directly by Kaleideas s.r.l., with registered office in Rome, via Gregorio VII 97, 000165, CF and P VAT 10405591008, REA RM1229915, share capital € 10,000 i.v. (hereinafter “Seller”).
- Applicability of these General Terms and Conditions of Sale
1.1. These General Terms and Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for Products on the Site between the consumers of the same (hereinafter the “Consumer”) and the Seller. The General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller that are present on the Site through links, banners or other hypertext links. It is the Consumer’s responsibility to check the conditions of sale, before placing orders and purchasing products and services from parties other than the Seller. The latter is therefore not responsible for the provision of services by third parties or for the conclusion of computerized agreements between the Consumer and third parties.
1.2. Through the Website, the Seller offers for sale the Products and carries out its e-commerce activity exclusively with its end users who are “consumers”, that is natural persons who act for purposes not related to commercial, entrepreneurial or professional activity, possibly breakthrough. The Seller, therefore, reserves the right not to process orders from parties other than the “consumer” or orders that do not conform to its commercial policy.
1.3. In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale. failure to accept the General Conditions of Sale makes it impossible to make purchases on the Site.
- Conclusion of the contract between Seller and Consumer
2.1. The languages available to conclude the contract are Italian and English.
2.2. The Consumer who intends to place a purchase order for one or more Products on the Site, in order to conclude the purchase contract, must complete the electronic order form and send it to the Seller, electronically, following the relative instructions.
2.3. Before proceeding with the purchase of the Products, by means of the transmission of the order form, the Consumer is required to carefully read the General Conditions of Sale and the Information on the Right of Withdrawal which may also print, store or make copies for personal use.
2.4. The Consumer, sending the order form, declares to have understood and accepted the content of the same, as well as the General Conditions of Sale and use of the Site. Failure to fully accept these contents and legal notices implies the impossibility of order.
2.5. Product prices may be subject to updates. The Consumer is required to check the final sales price before submitting the relevant order form.
2.6. The contract is considered concluded at the moment in which the receipt of the order form by the Seller, after verifying the correctness of the order data.
2.7. The Seller reserves the right not to process purchase orders that are incomplete or incorrect, which do not give sufficient guarantees of solvency, or in the event of unavailability of the Products. In these cases, the Seller will promptly and in any case within 14 days from the day after the order was sent to the Seller, to inform the Consumer by e-mail that the contract is not concluded and that the Seller did not proceed with the purchase order, specifying the reasons. In the event that the Consumer has already sent the order form and paid the price, the Seller will refund the amount paid on the same vehicle used at the time of booking.
2.8. Once the contract is concluded, the Seller will take charge of the purchase order and will send to the Consumer, by e-mail, a receipt of the purchase order, which will contain the information already contained in the order form.
2.9. The order form will be stored in the Seller’s database for the period of time required to process the orders and in any case in compliance with the terms of the law. The Consumer may view the orders placed, accessing his profile and consulting the appropriate section of the Site.
- Characteristics of the goods for sale
3.1. On the Website, only original Products marked by the manufacturers’ authorized brands are offered for sale.
3.2. The images and colors of the Products offered for sale may not exactly correspond to the real ones due to the internet browser and / or monitor used.
3.3. The Seller provides the legal guarantee of conformity in accordance with the provisions of Title III of Part IV of the Legislative Decree 6 September 2005 No. 206 (Consumer Code).
4.1. The methods of payment of the price of the Products and the relative shipping and delivery costs are indicated in the order form and are an integral part of these Conditions of Sale.
4.2. In the event that payment by credit card is chosen, the financial information (for example the number of the credit / debit card or the date of its expiry) will be forwarded through an encrypted protocol to banks or companies that provide the relative services of electronic payment at a distance, without third parties having access to them in any way. Furthermore, such information will never be used by the Seller except to complete the procedures relating to the purchase for which they are given and to issue the relative refunds in the event of any return of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the fraud commission on the Site. The price for the purchase of products and shipping costs, as indicated in the order form, will be charged at the time of purchase.
- Shipment and delivery of the Products
5.1. the shipment of the ordered Products takes place by express courier. Delivery times may vary depending on the Product chosen by the Consumer and will be indicated by the Seller, via e-mail, with the receipt of the purchase order.
- Right of withdrawal
6.1. The Consumer has the right to withdraw from the contract concluded with the Seller without any penalty and without specifying the reason, within 14 days from receipt of the Products purchased on the Site.
6.2. To exercise the right of withdrawal, the Consumer must send written and explicit communication of the decision to withdraw, providing his references (name, surname, e-mail address), the date of order and receipt of the Products, the order number and the relative Products purchased by mail: Kaleideas srl, via Gregorio VII 97, 00165 Rome; or by e-mail: firstname.lastname@example.org
6.3. The right of withdrawal, in addition to compliance with the terms and procedures described in the previous points, is considered to be exercised correctly if the following conditions are fully met:
-the return request must be correctly made to the Seller within 14 days of receipt of the products to be returned;
-The products must not have been used, damaged, nor, in any case, must have been altered in their essential and / or qualitative characteristics;
-The Products must be returned in their original packaging;
-Returned Products must be delivered to the shipping company within 14 days from the date on which the Consumer announced his intention to return.
6.4. The right of withdrawal cannot be exercised for:
-Products that have been produced on request or customized;
-Products that are, after delivery, inseparably mixed with other goods.
It is understood that the exclusion from the right of withdrawal referred to in the preceding points does not affect the guarantee of legal compliance and the defects of the Product sold for the protection of the Consumer.
6.5. In case of exercise of the right of withdrawal, it is not possible to directly replace the Product chosen with another; in order to purchase a new Product, the Consumer must place a new and distinct order from the previous one.
6.6 If the methods and terms for exercising the right of withdrawal are not respected, as specified in this paragraph, the Consumer will not be entitled to reimbursement of the sums already paid to the Seller; however, at its own expense, you may obtain the Products in the state in which they were returned to the Seller. Otherwise, the Seller may keep the Products, in addition to the sums already paid for their purchase.
- Refund times and procedures
7.1. After returning the Products, the Seller will make the necessary checks regarding their compliance with the conditions and terms indicated in paragraph 6. In the event that the checks are successfully concluded, the Seller will send the Customer, via e-mail, the relative confirmation of the acceptance of the returned Products and proceeds to reimburse the price of the returned Products.
7.2. Whatever the payment method used by the Consumer, the refund is activated by the Seller, after verifying the correct execution of the right of withdrawal, in the shortest possible time and in any case within fourteen (14) days from the date on which the Seller received the communication of withdrawal.
7.3. The Seller makes the refund using the same payment method used by the Consumer for the initial purchase. if there is no correspondence between the recipient of the Products indicated in the order form and those who have paid the sums due for the purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be executed by the Seller, in in any case, against those who have executed payment.
7.4. The value date of the crediting is the same as the debit; consequently there will be no loss in terms of bank interest.
8.2. Furthermore, the General Conditions of Use contain important information on the processing of personal data of Consumers and on the security systems adopted.
- Applicable law and resolution of disputes
9.1. The General Conditions of Sale are governed by Italian law and in particular by the provisions of Legislative Decree 6 September 2005 No. 6, bearing the “Consumer Code”, with specific reference to the provisions on distance contracts and the Legislative Decree 9 April 2003 No. 70 on certain aspects concerning electronic commerce.
9.2. In the event of disputes between the Seller and each Consumer, arising from the General Conditions of Sale, the Consumer will be able to access through the link https://webgate.ec.europa.eu/odr to the online dispute resolution platform provided by the European Commission.
- Modification and update
10.1. These General Terms and Conditions of Sale may be modified, also in consideration of possible regulatory changes. The new General Terms and Conditions of Sale will be effective from the date of publication on the Site. Consumers are therefore invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.
10.2. The General Conditions of Sale applicable to each contract concluded through the Site are those in force on the date the purchase order is sent.
- Customer support
You can contact the Seller by e-mail at the following e-mail address: email@example.com
- to process personal data exclusively for the purposes and according to the methods illustrated in the information provided at the time of their collection;
- use personal data for purposes other than those for which personal data have been specifically released, only with the specific express consent of the User;
- make personal data available to third party companies only for purposes instrumental to providing the requested service; not to communicate personal data, transfer them or transfer them to third parties for their own processing without the Users having been informed in advance and having given their consent;
- respond to requests for cancellation, modification, integration of personal data provided, opposition to the processing of personal data for the purpose of sending commercial and advertising information;
- to ensure the correct and lawful management of personal data, safeguarding the privacy of the Users of the Site, as well as applying appropriate security measures to protect the confidentiality, integrity, availability and resilience of the personal data provided.
- Holder of the processing of personal data
The owner of the processing of personal data collected through the Site is Kaleideas s.r.l. (hereinafter also just “Kaleideas” and / or the “Owner”), with headquarters in Via Gregorio VII 97, 00165 Rome, RM, Italy; phone: 0039 06 6938 0145; e-mail: firstname.lastname@example.org
- Category of personal data processed
2.1 Data provided directly by the User
The optional, explicit and voluntary sending of electronic mail to the addresses indicated on the Site entails the subsequent acquisition of the sender’s address, necessary to respond to requests, as well as any other personal data included in the communication. In some sections of the Site, User will be asked to provide personal data such as name, surname, address, telephone numbers, e-mail addresses, fiscal code, VAT number, credit card, bank details, date of birth, password. In this case, specific information will be provided to the User pursuant to art. 13 of the Privacy Code and of the art. 13 of the GDPR concerning the processing of personal data in relation to the single purposes and, if required, where necessary, specific express consents.
2.2 Data collected by Kaleideas (CYCLAMPA.COM)
(i) The computer systems and software procedures used to operate the Site acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified interested parties, but by their very nature could, through processing and association with data held by third parties, allow Users to be identified. This category of data includes the IP addresses or domain names of the computers used by the Users who connect to the Site, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numeric code indicating the status of the response given by the server (good purpose, error, etc.) and other parameters relating to the operating system and the User’s computer environment.
(ii) The sales data of the CYCLAMPA products: purchase methods, type, quantity and price of the products purchased.
2.3 Dati personali di soggetti terzi
Should Kaleideas (CYCLAMPA) process personal data of third parties communicated directly by a User (for example in the event that the User has purchased a product to be delivered to a different subject or when the person who pays the price for the purchase of the product) product is different from the person for whom the product is intended, or when the User intends to report to a friend a service of the Site), the User acknowledges that in this case he is the data controller of the personal data of the aforementioned third parties. Therefore, by giving such personal data to third parties to Kaleideas, it guarantees that: i) the personal data that may be communicated by the User to Kaleideas have been processed by the User in compliance with the provisions in force concerning privacy and ii) the aforementioned subjects third parties have been preventively and duly informed by the User in relation to the methods and purposes of the processing and have authorized it to this effect. The User will remain the only and solely responsible for the communication of information and data relating to third parties without their having given their consent or for their possible incorrect use or contrary to the law.
- Purpose of the processing and legal basis
The User’s personal data is collected and processed by Kaleideas for purposes strictly connected to the use of the Site and its services.
3.1. Establishment, execution and management of the business relationship
The personal data referred to in paragraphs 2.1, 2.2 (i) and 2.3 above will be treated for:
– the fulfillment of legal obligations imposed on Kaleideas by virtue of civil, fiscal and accounting regulations as well as for the eventual ascertainment of responsibility in the event of hypothetical computer crimes;
– the establishment, execution and management of the commercial relationship and / or for the supply of services connected to the same commercial relationship. And in particular, for purposes: administrative and accounting: issuing invoices and credit notes; customer registry management; fulfillment and shipment of purchase orders; computer assistance on the use of the Site; post-sales assistance: management of returns and any complaints; contact with customer service;
– registration on the Website and management of the technical administration of the Site and the User’s personal account.
The legal basis for the processing of personal data for the purposes referred to in paragraph 3.1 above is the business relationship of which the User is a party.
3.2 Marketing activities
The personal data referred to in paragraphs 2.1 and 2.2 (ii) above will be processed for promotional activities using automated tools (email, fax, sms and mms) or traditional (paper mail) – by Kaleideas (CYCLAMPA) such as:
– sending newsletters, brochures, catalogs and presentations;
– sending of commercial and / or promotional information and update communications in relation to Kaleideas products and services (CYCLAMPA);
– invitations to special events.
The legal basis for the processing of personal data for the purposes referred to in paragraph 3.2 above is the prior specific consent of the User.
- Mandatory or optional nature of the provision of the User’s personal data – consequences of any refusal
Providing Kaleideas with the User’s personal data requested through the Website on different collection occasions may be necessary for the pursuit of the purposes identified in the specific disclosure, or optional. It is understood that the mandatory or optional nature of the provision is specified from time to time at the time of the individual collection of personal data with the specific information. Any refusal to communicate personal data marked as necessary makes it impossible to pursue the purpose of the specific collection. The provision of personal data by the User for the purposes referred to in paragraph 3.1 is optional, however, failure to provide such data will make it impossible to register on the Site and to establish and / or continue the business relationship and / or to provide services related to the aforementioned relationship. The provision of the User’s personal data for the purposes referred to in paragraphs 3.2 and 3.3 is optional and failure to provide it will have no consequence on the possibility of registering on the Site and / or purchasing products and / or receiving requested services, but it will not be possible inform the User about promotional and commercial initiatives and send invitations to events or evaluate your interests and preferences.
- Methods of processing personal data
The personal data of the healthy User processed mainly in electronic format and in some cases also in paper format. The personal data provided by the User will not be subjected to fully automated decision-making processes.
To allow a safe and efficient exploration of the Site, the Owner uses the c.d. Cookies. For more information on cookies and their use on the Site, please consult the Cookies page, an integral part of this statement.
- Social sharing buttons
The site may also include Social sharing buttons. In particular, these are “buttons” that represent the icons of social networks, such as Facebook, Twitter, Instagram, Pinterest and Google+, and which allow Users – via a “click” on the icon – to reach and interact with related social networks. With the support of these tools the User can for example share content or recommend products of the Site in social networks. Following clicks on Social sharing buttons, the social network could collect data related to the User’s visit to the Site. As anticipated in the introduction, this privacy statement does not concern the processing of the User’s personal data by the social network for which the User must refer exclusively to the privacy information provided by the social network. Outside of the cases in which the User spontaneously shares his surfing data with the chosen social networks through clicks on social buttons / widgets, the Owner does not share or disseminate any personal User data with the social network.
- Safety measures
- Links to other websites
- Use of the Site by minors
The Site is intended for use and consultation by adults. Therefore, any requests from minor subjects will not be taken into consideration.
- Applicable law