Terms and conditions

The present Terms and Conditions of Sale regulate the purchase, through telematic methods, of products presented on the website www.kemailu.com.it, owned by the company Assia sas, p. iva 00961610474, with registered office in via di Baronciatica 170 Quarrata. The sale of the products is managed by Assia sas (seller) with registered office in via di Baronciatica 170 Quarrata. These Conditions of Sale constitute an integral and essential part of the purchase contract of any Product and the placing of an Order implies its acceptance by the Customer.

For the purpose of a better understanding of the following Terms of Sale, the following definitions are specified :
"Consumer": any natural person who places an Order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
"Professional": any natural person or legal entity that places an Order in the exercise of its entrepreneurial, commercial, craft or professional activity;
"Client": a Consumer or Professional;
"Contract": any agreement between the company Assia sas and a Customer concerning the latter's purchase of one or more Products, concluded in the manner provided for in Part A, Sections 3 and 4;
"Working day": any day of the week, with the exception of Saturdays, Sundays and public holidays in the Italian Territory; "Order": any proposal concerning the purchase of one or more Products, formulated by the Client towards the company Assia sas; "GSC": general sales conditions.

The company Assia sas may enter into distance contracts with Customers, whether they are defined as Consumers or Professionals; among these GTCV, those that expressly refer to Consumers shall apply exclusively to those subjects that fall under the relative definition as specified above. Consumers shall therefore benefit from all the protections provided for in the case of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), in addition to all the additional protections provided for, in favour of Consumers, by the Consumer Code itself and by any other applicable law, i.e., Directive 2000/31/EC implemented by Legislative Decree no. 70 of 9 April 2003 Company Services information and electronic commerce, as well as all the regulations governing distance contracts and the general rules of contract as set forth in the Civil Code, to which reference is made in the absence of specific regulations. Therefore, the following shall be specified: 1) the technical steps to be followed to conclude the contract; 2) the way in which the concluded contract shall be filed and the relative access modes; 3) the technical means made available to the Customer to identify and correct data entry errors before placing the order; 4) the indication of the instruments for the settlement of disputes. The above is valid for contracts concluded between the company Assia sas with Consumers, as well as with Professionals, unless otherwise agreed between the parties.

For any problem, complaint, information on the purchase of Products, interested parties may directly contact Assia sas at the e-mail address info@kemailu.com, or Customer Service at the telephone number 328 6041324. In fact, Assia sas is available, also by telephone, to offer Customers any clarification or information regarding 1) the content of the GTCV, 2) the content of the Contract and its discipline, 3) any complaint. If the Customer decides not to make use of the telephone service, all the rights and faculties granted to the Customer by law shall remain unaffected thereby. With regard to saving and printing these GTC and the possibility of viewing the text of the concluded Contract, please refer to the following.

1. Conclusion of the Contract
Any Contract relating to the purchase of Products shall be stipulated exclusively in the Italian language. The presentation of the Products on the Site is addressed to the users of the Site so that they may formulate a purchase proposal to the company Assia sas. These invitations to offer are not binding for the company Assia sas and, in particular, do not constitute offers to the public pursuant to and for the effects of art. 1336 of the Italian Civil Code, it being at the full discretion of the company Assia sas to decide on the acceptance of any proposals made. In any event, a definitive commitment by the Consumer is excluded until the company Assia sas has in turn accepted the order forwarded to it by the Consumer. In order to proceed with the purchase of one or more Products through the Internet, the Customer must first register on the Site, providing the company Assia sas, in compliance with the applicable provisions on the protection of personal data, with all the data necessary to allow the company to execute the Orders placed. Once registration has been completed, the Customer may select one or more Products he/she intends to purchase, placing them in a virtual "shopping cart", the contents of which he/she will always be able to view before proceeding to place the Order. It should be noted in this regard that the Customer is only entitled to use the system in demonstration mode, so as not to inadvertently perform operations that could legally bind him without his will. By clicking on the "Proceed to purchase" button, the Customer shall initiate the procedure of placing the Order. During the Order formulation phase and until its actual forwarding, the Customer shall, however, have the possibility of reviewing the data entered by clicking on the "Back" button, in order to identify, correct and/or delete any incorrect information or data entered up to that moment. By clicking on the "Conclude Order" button, at the end of the procedure, the Customer shall forward the Order to the company Assia sas. Any Order forwarded in this manner shall be considered, to all intents and purposes, as a contractual proposal by the Customer. The placing of the Order by the Customer will be promptly followed by confirmation from the company Assia sas that the Order has been received, by sending an e-mail to the e-mail account communicated by the Customer at the time of his registration on the site. By sending this e-mail, the company Assia sas will also inform the Customer of the Order Confirmation. The company Assia sas shall have the right to accept or refuse the Orders received without the Customer having any right or claim against the company in the event of non-acceptance. The Order and the Order Confirmation shall be considered received when the parties to whom they are addressed are able to access them. The contract shall be considered concluded, and therefore the order accepted, at the moment in which the Client will have knowledge of the acceptance of his purchase proposal by the company Assia sas, or when the Client will receive on his e-mail address the Order Confirmation Email, containing confirmation of the acceptance of the Order, with contextual description of the Order just concluded.

2. Price and shipping costs
The prices of the Products published on the homepage or in the various sections of the Site are inclusive of VAT and do not include any taxes, duties and duties applicable in the country of destination of the Products, where this is different from Italy, which shall be borne by the Customer. The company Assia sas reserves the right to change the prices of the Products shown on the Site at any time. Any changes to the prices of Products shall not, however, be effective with respect to Customers who have already placed an Order.

3. Payment and delivery
For each Order, the Customer shall pay the price of the ordered Products in full at the time the Order is placed. It is understood that, in the event of non-acceptance of the Order by the company Assia sas, the latter shall promptly refund to the Customers any amounts already paid. As part of the process of placing the Order the company Assia sas proposes various methods of payment, i.e. 1) payment by credit card (Visa, MasterCard, American Express) through the protected system "Paypal" 2) payment through the protected system "Paypal", 3) cash on delivery 4) payment by bank transfer. The Customer shall be obliged to indicate the payment method, exclusively from among those proposed, which he intends to use.
The sales system of the Site, as an online seller, does not require the issuance of an invoice (nor a receipt or fiscal receipt) to a private individual (not a VAT number holder), in accordance with Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree No. 696 of 21 December 1996 (as confirmed by Resolution No. 274/E of 5 November 2009). Assia sas will issue a sales receipt. To request assistance, simply keep the sales receipt included in the order package.
If you still wish to request the issue of an invoice, simply contact our Customer Service at no. 328 6041324 before the order is shipped .The invoice will be addressed to the address associated with the payment method. The company Assia sas reserves the right to refuse or not execute orders. For deliveries, the company Assia sas shall use carriers selected by the same company . If the Product chosen by the Customer and the object of the concluded contract is marked on the Site as "available", the company shall ship said item within 10 working days, following confirmation of receipt of payment. Assia sas shall not be liable for non-delivery or delayed delivery in the event that: 1) despite having provided for the regular and timely purchase of the Products to cover the Order received, it has not been supplied within the terms and methods agreed with the supplier; 2) it is not able to make up for the unavailability of such Products, due to circumstances beyond its control; 3) it has promptly notified the Customer of the unavailability of the Products. In any case, where the Client is a Consumer and the unavailability of the Products, due to one of the circumstances indicated in points 1) and 2) above, does not allow to proceed with the delivery of the Product, the company Assia sas will reimburse the Consumer for any advance payments of the price within 30 (thirty) days from the day after the day on which the Order was sent. The company Assia sas shall not be responsible for non-delivery or delayed delivery due to causes of force majeure, such as - strikes, Public Authority measures, rationing or shortages of energy or raw materials, transport difficulties, fires, floods and damage to industrial machinery not dependent on the company and any other event not foreseen herein that occurs due to causes not attributable to the company itself. The company Assia sas shall promptly notify the Customer of the occurrence and disappearance of a force majeure event. Should the cause of force majeure persist for a period exceeding 30 (thirty) days, each party shall be entitled to withdraw from the contract. In the event of withdrawal, the Customer shall not be entitled to any indemnity or compensation for any reason whatsoever, without prejudice to the right to reimbursement of any sums already paid by way of price for the Product subject of the Order, within 30 days of the Order being sent. In the event of a purchase made by a Consumer, the risk of accidental loss of the Products shall remain with Assia sas until their delivery to the Consumer or to another subject indicated by the latter, regardless of whether or not the shipment of the same Products is insured. In the event of a purchase made by a subject other than a Consumer, the risk of accidental loss of the article shall pass to the Client with the delivery of the Product by the company to the first carrier.

4. Right of Withdrawal
In accordance with the provisions of the Consumer Code, Legislative Decree No. 206 of 6 September 2005, the terms and conditions governing the right of withdrawal in favour of the Consumer are specified below. Exercise of the right of withdrawal in favour of the Consumer In accordance with the provisions of the Consumer Code, the Consumer has the right to withdraw from the Contract, without any penalty and without specifying the reason by sending within the term of 14 (fourteen) working days written communication by registered letter with return receipt (the return receipt is not an essential condition for proving the exercise of the right of withdrawal), or by fax or email on condition that the communication is also confirmed by registered letter with return receipt within the following 48 (forty-eight) hours, to the following address Assia sas , via di Baronciatica 170 Quarrata. The term of 14 (fourteen) working days for sending the communication as set forth above shall start from the day of receipt of the Product by the Consumer. With the receipt by the company Assia sas of the above-mentioned communication, the parties shall be released from their respective obligations deriving from the contract concluded, except for the obligations that have been fully or partially performed in the meantime. In this regard, it is specified that if the Product has been delivered by the company Assia sas, the Consumer is obliged to return it within 28 (twenty-eight) working days from the date of the transaction. The Product shall be deemed to be returned at the time it is delivered to the Post Office or to the forwarding agent. For the purposes of exercising the right of withdrawal as governed above, the substantial integrity of the Product to be returned is an essential condition; in this regard it is specified that the products must:
- be correctly packaged in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and equipped with tags and any accessories, instructions for use and documentation
- provided with the transport document (present in the original packaging), so as to allow Assia sas to identify the Consumer (Order number, name, surname and address)
- without manifest signs of use, other than those compatible with normal testing of the article. That is to say, they must not bear any traces of prolonged use (more than a few minutes) beyond the time necessary for a test and must not be in such a state as to prevent resale. It is in any case sufficient that the goods be returned in a normal state of preservation, and possibly used with the use of normal diligence. The above assessments are left to the company's discretion. If the returned Product does not comply with the above, the withdrawal shall not be effective.
In the event that the Consumer has exercised his right of withdrawal in accordance with the above, the services that have already been received by the Consumer or by the company Assia sas shall be returned. The company Assia sas shall provide for the reimbursement of the price paid by the Consumer on condition that the Product has been returned by the Consumer, within 14 (fourteen) days from the date of receipt by the company Assia sas of the communication of exercising the right of withdrawal or, if prior, from the date in which the company received the returned Product. The risks connected to the destruction or damage of the Products during shipment shall be borne by the Customer, it being understood that in this eventuality, the Products shall not be considered intact and the withdrawal shall not be effective. The company Assia sas invites the Customer to describe in as much detail as possible the nature of the defect or flaw found and, if necessary, to send a copy of the Order documents or indicate the Order number, the Consumer's number and any other data useful for the correct identification of the claim. If no reply is received by the Consumer within 10 (ten) working days, the company hereby invites the Consumer to request a reply. The company Assia sas also recommends to verify that the e-mails sent by the same are not redirected or blocked by any 'spam filters' or do not reach their destination correctly due to other technical problems of the e-mail program of the recipient Customer.
In the event that the requested repair or replacement is impossible or excessively expensive, or has not been carried out within a reasonable period of time, or has caused considerable inconvenience to the consumer, the consumer may, at his discretion, request a reasonable reduction in the price or termination of the contract. In any case, termination of the Contract shall not be admissible for minor defects, in respect of which it was not possible or excessively onerous to repair or replace the relevant Products. It is expressly understood that the preceding Sections shall not apply in the event of defects found in Products purchased by Professionals, with respect to which the company Assia sas, subject to the mandatory limits of the law, does not issue any guarantee.

6. Modification of the General Terms and Conditions of Sale
In the event of any amendment to the present General Terms and Conditions of Sale, Assia sas shall promptly publish the amended General Terms and Conditions of Sale on the Site and give notice thereof on the Site. The amended GTCS shall become an integral part of the new Contracts, as from the date of the first Order forwarded by the Customers, following their publication on the Site. In the case of Orders already placed before such communication, the previous version of the GTC shall apply.

7. Substitution clause
Should any present or future provision of the GTC and/or the contract be or become wholly or partly void and/or ineffective, or should there be a gap in the provisions of the GTC and/or the contract, the remaining provisions of the GTC and the contract shall nevertheless remain valid and effective. It is understood that Assia sas and the Client shall endeavour to negotiate in good faith the integration of the lacuna or the replacement of the invalid and/or ineffective clause with the aim of achieving the same results as those pursued by the invalid or ineffective clause and of safeguarding the economic substance of the contract.

8. Jurisdiction for the resolution of disputes
The Civil Court of the place of residence or domicile of the Consumer, if located in the territory of the Italian State, shall have territorial jurisdiction for disputes arising from the Contracts concluded in accordance with these GTCs. In all other cases, the provisions of the Italian Civil Code shall apply.

We can also ship abroad. Shipments abroad have a variable cost (please ask for more info) and the return is charged to the customer.