The offer and sale of the products displayed on the website www.photostudiolab.com are governed by the following Sales Terms and Conditions:
1. Subject, object and contract
2. Acceptance of the general conditions of sale
3. Information and assistance
5. Prices of the Products
6. Purchase process
7. Freight and Costs
10. Right of withdrawal
13. Intellectual Property
15. Law and Court
1.1 These Sales Terms and Conditions (hereinafter "the Terms") govern the purchase of goods and services performed via the Internet, on the website www.photostudiolab.com (hereinafter "the Site").
1.2 The Site is property of AKC Italy s.r.l. (hereinafter "the Supplier"), having its registered legal address at Via Antonio Musa n. 6, 00161 Rome, Codice Fiscale / VAT number IT-12232531009, registered at Rome's Register of Companies No. 12232531009 and Rome's REA No. RM-1359316.
1.3 "on-line" contract (hereinafter "the Contact") refers to the contract for the sale of goods (hereinafter "Products") concluded between the Supplier and a customer (hereinafter "the Client") under an e-commerce service organized by the Supplier for this purpose, using the technology of communication called the Internet. All Contracts, therefore, are concluded through direct access to the Site by the Client, where he can, by following the procedures, conclude the Contract for the purchase of Products.
1.4 These Terms shall apply equally to all Clients, except when it expressly and uniquely referred to Consumer Clients. "Consumer Clients" is a natural person who buys the Products offered on the Site for any purposes unrelated to any business or professional activity. Therefore, will not be considered "Consumer Clients" any Clients who concludes a Contract having filled in the area reserved to Clients data's a VAT number.
Contracts concluded by consumers Clients are also governed by Articles 50 to 63 of Decree 206/2005 of the Italian law.
1.5 The Supplier reserves the right not to process orders that do not comply with its trade policy.
The Client shall, before submitting the purchase order (hereinafter, "The Order"), read carefully these Terms. The submission of the Order implies the integral knowledge and express acceptance of these Terms. The Client is obliged, once the purchase process online completed, to print and keep these Terms, already inspected and accepted, as well as the respective Order form.
3.1 For any information or assistance, the Supplier can be contacted sending a message through the “Contact” page of the site, by email at the following address: firstname.lastname@example.org, or writing to the following address:
AKC Italy s.r.l
Via Antonio Musa No. 6
3.2 Any complaints should be directed to Customer Service filling out the form in the "Contact" page of the Site.
3.3 The Client acknowledges, accepts and gives his consent that all communications, notifications, certificates, information, financial reports and any other documentation regarding operations performed, referring to the purchase of the Products, will be sent to the email address provided at the time of registration or in the area of the Site reserved to Client data's.
4.1 The Products are sold directly by the company AKC Italy s.r.l.
4.2 All the Products offered are described in detail in the Site. The visual representation of the Products on the Site usually corresponds to the photographic image of the Products and has the sole purpose of presenting them for sale, without any warranty or commitment on the part of the Supplier about the exact correspondence of the image depicted on the Site with the actual Product, particularly with regard to the actual size and / or chromatic aspects of the Products and / or packages.
In case of difference between the image and the written description of the Product, it will be always considered the written description to be the most accurate.
4.3 The Supplier reserves the right to change the specifications of Products without prior notice, respecting the laws in force on security.
4.4 Some Products ordered may occasionally be unavailable. In this case, the Supplier will inform the Client about the unavailability and will communicate the next available date of the Product. The Client can choose between confirm the Order and wait for the Product to be available to receive the Order or cancel the Order and be refunded.
5.1 All prices are expressed in Euros.
5.2 The prices indicated on the Site do not include shipping, which will be added at time of Order. The conditions related to the costs of delivery are detailed in Section 7 of the Terms.
5.3 The Clients may have access to different prices depending on their type. By default, the prices indicated on the Site are those corresponding to the Consumer Clients. The Clients who have access to preferential prices (reduction, billing without VAT) will see their reserved prices only after identification.
5.4 The Products remain the Supplier's property until full payment.
5.5 The prices of Products may be subject to changes. The Client must check the final price before sending the Order. The valid price is always the one indicated on the Site at the time when the Order is transmitted through Internet.
5.6 The Supplier reserves the right to cancel an Order in the case a system failure affects the price of an item or if the amount of an item is wrong.
6.1 Before concluding the Contract, the Client must register on the Site in the section "Log In".
6.2 To conclude the Contract of purchase of one or more Products, the Client must fill out the Order form in electronic format and send it to the Supplier via the Internet following the instructions provided on the Site.
6.3 The Contract is concluded when the Supplier receives, via internet, the Order.
6.4 By placing an Order, the Client declares to have read all the information provided to him during the purchase process, and accept the Terms and the conditions of payment described below.
6.5 The correct receipt of the Order is confirmed by e-mail, sent to the email address specified by the Client. The message will include, in addition to the information required by law, the information relating to the Order and all the data entered by the Client who has to verify the correctness and to immediately report to the Supplier any errors or omissions.
6.6 The Supplier may not process Orders that do not give sufficient guarantees of solvency or which are incomplete or incorrect, or in case of unavailability of the Products. In case of an Order have been already paid, the Supplier will refund the Client within 15 working days.
7.1 All Products are shipped directly from Italy. Products sold on the Site may be purchased and delivered to the countries indicated in the Order Form.
7.2 Delivery costs are charged to the Client. They will be calculated automatically from the Site and will be visible by the Client before sending the Order. They do not include additional and other costs related to customs duties and taxes if the shipment takes place in non-EU countries or in territories where the legislation in place ask import charges. The Client must therefore pay the related duties and taxes asked by the territory of importation.
7.3 The delivery costs will be calculated and may vary according to the weight of the items ordered, the delivery and payment modes, the destination country and the total amount of the Order. The calculation of costs is detailed in the page "delivery" of the Site.
7.4 At the time of the Order, the Supplier will issue a delivery order and an invoice when the Products are delivered to the carrier for shipment. These documents will be sent via e-mail and joined to the Products in the delivery. All deliveries will be at risk of the Supplier. The risk will be transferred to the Client upon delivery of the Products to the Client by the carrier. The delivery is considered completed when the Product are available to the Client at the address specified in the Order Form. The Clients can view the status of their Orders on the "My Orders" page of the Site.
7.5 Each shipment contains the Product(s) ordered, the relevant transport document, the invoice, any supporting documentation required by the country of consignment, and eventual informative or marketing material.
7.6 The deliveries options are detailed in the page "delivery" of the Site. Please pay attention to this information because it is an integral and essential part of these Terms and, therefore, is considered to be fully known and accepted by the Client at the time of transmission of the Order.
7.7 The Supplier shall ship the Products within a maximum of thirty days from receipt of the Order. Generally, Products are shipped the next working day after the Order. Notwithstanding the deadline of thirty days, the time schedule for the delivery of the goods must be considered indicative. No liability, for any reason, can be charged by the Client to the Supplier in case of delay in the delivery of the Products.
7.8 At delivery of the goods by the courier, the Client is required to check that the number of packages delivered corresponds to the number indicated on the transport document and that packages are not damaged, or wet or otherwise altered, also the sealing materials. Any damage to the packaging and / or Products or the mismatch in the number of packages or information must be immediately reported by the Client, putting the word "ACCEPT WITH RESERVE" on the delivery receipt of the courier. In addition, the Client shall report no later than 8 (eight) days from the date of delivery to the Supplier any and all eventual problems regarding the integrity, correspondence or completeness of the Products received, sending a message via the form on the "Contact" page of the Site.
7.9 In case the Client is absent, or if the information provided by the Client did not allow the carrier to deliver the Products (wrong address, intercom nb missing, etc.), the carrier will contact the Client to the telephone number provided to agree with him on a new delivery. In the event that the carrier cannot join the Client or if the Client is absent in the second delivery, the delivery will be suspended until it is possible to agree on a final delivery. In case of impossibility to contact the Client within 7 days or if the Client is absent for the final delivery, the Order will be canceled and the Products will be returned to the Supplier who will refund the Client within 30 days the amount paid deducted from delivery, file and return costs.
7.10 In cases of force majeure, lack of means of transportation, as well as unforeseeable or unavoidable events that cause a delay in delivery or make delivery difficult or impossible or cause a significant increase in the cost of delivery shall entitle the Supplier to split, postpone or cancel the Order. In such cases it will the Supplier will inform the Client by email at the email address provided by the Client and will refund the amounts already paid.
8.1 To pay the price of the Products and the related delivery, the Client can follow one of the procedures indicated on the Order form and which are summarized below.
8.2 Credit Card
In case of choosing payment by credit card, the Client must fill out on the payment page, in the indicated fields, the data from its credit card (Card Type, Card No, Month and year of validity, CVV) and then click "pay now". The management system of payments by credit card is handled by the secure payment system Paypal. After completing the payment, the Client will receive an email from Paypal confirming the success of the payment. The data related to the Client's credit card are sent via secure connection directly from the Client's computer to the servers of Paypal. At no time during the purchase process, the Supplier is able to know the information related to the Client's credit card.
8.3 Paypal ®
In case of choosing payment via Paypal ®, the Client, after selecting the option to pay with Paypal ®, the Client will be redirected by the Site on the PayPal web page where he can make the payment. The payment through the PayPal ® service requires the opening by the Client, of an account on PayPal ® and acceptance of the rules of its service. The Order amount will be charged to the Paypal ® account of the Client after confirmation of the Order by the Supplier. The delivery will be performed after the verification of accreditation in the PayPal ® account of the Supplier. Eventual refunds will be made to the Client always on its PayPal ® account. For every transaction made, an confirmation email will be sent from PayPal ®.
8.4 Bank Transfer
If the Client choose to pay by bank transfer, all the necessary information to complete the transfer will be visible on the Site after selecting the option to pay by bank transfer and will be sent via email when the Client send the Order. The delivery of the Products will remain pending until the sum due is credited to the bank account of the Supplier. The transfer must be made by the Client within three working days from receipt of the email confirming the receipt of the Order and the Client must provide proof of the bank transfer sending a copy by email to email@example.com within four working days of receipt of the e-mail confirming the receipt of the Order. The crediting of the amount shall occur within eight working days from the receipt of the email confirming the receipt of the Order. If one of the three terms mentioned above is not respected, the Order will be automatically canceled. The purpose of the bank transfer should include the reference number of the Order.
8.5 Payment at delivery
The payment at delivery is only available for deliveries in the Italian territory. Payment shall be made only with cash to the courier who delivers the Products. The cash should be exactly the amount owed by the Client. In the event of non-payment by the Client of the agreed price, for any reason, the courier will not deliver the Products to the Client. In this case, it will be ask him to provide the balance and the Supplier reserves the right to charge interest equal to what is permitted by law. Until the Client have not regularized its accounts, the Supplier reserves the right to cancel the Order.
10.1 Under Article 64 of the Decree 206/2005 (Consumer Code) of the Italian Law, the Client consumer has the right to refund Products purchased for any reason and without explanation, under the conditions set out below.
10.2 The withdrawal can be applied to one or more Products which are part of one Contract. On the contrary, it can't be exercised on a part of a single Product (such as, for example, a Product contained in a package or in a kit).
10.3 The right of withdrawal cannot be applied in the case of personalized Products or Products that, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
10.4 To exercise this right, the Client must send a notice to that effect within 10 (ten) working days from the date of receipt of goods. The communication should be directed to Customer Service by filling out the form in the "Contact" page of the Site. The Client will then receive all the necessary information for the return of the Products.
10.5 The shipment must be made through courier within ten working days of notification to the Client, via e-mail, indicating the address where to ship the Products and the return authorization number. The shipping costs for returning the goods shall be paid by the Client. The expedition, until confirmation of receipt by the Supplier is under the responsibility and risk of the Client.
10.6 The Products must be returned unused, undamaged and complete with all accessories in their original packaging and with adequate external packaging, otherwise withdrawal will be rejected and the Products sent back to the Client.
10.7 Once verified the integrity of the returned Product, the Supplier will refund the Client, within 30 days from the date of receipt of the Products by the Supplier. The Supplier will refund the full value of the Order, or a part if the withdrawal was partial, excluding shipping charges, by bank transfer, or by other procedures agreed between the Supplier and the Client. In the case of exercise of the right of withdrawal without compliance with the above procedures, the Supplier will resend the Products purchased to the Client charging the corresponding shipping charges.
11.1 During two years from the delivery of the Products, the Supplier shall be liable to the Consumer Clients, in accordance with art. N°130 and N°132 of the Legislative Decree N°206/2005 of the Italian law, for any lack of conformity of the Products existing at the time of delivery.
11.2 The legal warranty in favor of the consumer Client covers the defects existing at the time of delivery of the Products, which appear within two years from delivery. In any case, are expressly excluded from this warranty all aesthetic parts, which are subject to wear and all the parts that cannot be verified they have been used the proper way, or when wear results from a normal use of the Product (ex. Bulbs). The warranty is null in case of damage caused by misuse, tampering, loss, use of non-original accessories, attempted repair by unauthorized personnel or anything else that demonstrates an inappropriate use of the Product.
11.3 In order to properly exercise the warranty, the Client must report the defect within two months from the discovery. The communication should be directed to Customer Service by filling out the form in the "Contact" page of the Site, posting details and photos that highlight the damage. After receiving such notification, the customer service of the Supplier will contact the Client and communicate the terms and the warranty number, to be indicated on every future communications. The Supplier will not accept Products returned without having activated the above procedure, or without citing the number assigned.
11.4 The Supplier shall send its courier to collect the Product and no additional cost will be charge to the Client. The Product must be returned by the Client, if possible in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). In all cases, the Product must be ready and adequately packaged when taken by courier.
11.5 In the event of lack of conformity, the Client will have right to restoration of conformity of the Product, within a reasonable time, by repair. If the repair is not possible or prohibitively expensive, the Supplier will replace the Product with the same product or another product of equivalent quality. If the replacement is not possible, the Supplier shall refund the Client the amount paid for the Product proved to be defective. In case of repair or replacement, the Supplier will send the Product to the address indicated by the Client. The Supplier will replace it or refund the Client, within 30 days from the date of receipt of the Products. The Supplier, in case of repairs is not liable for delays reported by the manufacturers. During this waiting period the Supplier will not provide any replacement product.
11.6 In the event that there is no lack of conformity is found, the Product will be returned at the Client's expenses. The Supplier reserves the right to charge additional costs for the collection and verification of the Product.
The Supplier is not responsible for the actions of third parties who, as independent agents, are involved in the management or execution of payment transactions, delivery of the Products or in any other operation connected with the performance of the Contracts concluded through the Site.
All trademarks (registered or not), as well as any and all intellectual work, distinctive signs or names, images, photographs, written text or graphics, and more generally any other intangible asset protected by copyright laws and international conventions in the field of intellectual property and industrial property, reproduced on the Site are the exclusive property of the Supplier. Having access to the Site and / or the concluding purchase Contracts don not gives any right to the Client on it. Any use, even if only partial, is prohibited without the prior written consent of the Supplier.
The Terms may be modified from time to time in consideration of possible regulation changes. The new Terms will be effective from the date of publication on the Site.
For any dispute between the parties related to the Contract, the competent court is the one located where the Consumer Client is domiciled if located within the territory of the Italian State. For all other Clients any dispute shall be the exclusive competence of the Court of Rome.
Published the 04/06/2013