Selling conditions

1. Scope of application

1.1. These general terms and conditions of online sale ("General Conditions") apply to all sales contracts concluded between Mabina S.p.A. owner of the Kidult brand, with registered office in via Paolo da Cannobio 11, 20122 Milan ("Company"), and the user, understood in accordance with article 3 of Legislative Decree no. 206/2005 ("Consumer Code") as a consumer, i.e. any natural person who acts for purposes unrelated to any eventual entrepreneurial, commercial, artisan or professional activity carried out ("User") on the basis of the orders sent electronically via the website: www.discoverkidult.com ("Website").

1.2. By declaring to accept these General Conditions when purchasing a product on the Website, the User undertakes to comply with these General Conditions. The User is not allowed to purchase products via the Website in case of non-acceptance of these General Conditions.

1.3. The General Conditions apply regardless of the User's nationality, provided that the delivery of the products takes place in one of the countries in which the online sales service operates, as indicated on the Website.

2. Changes to the General Conditions

2.1. The Company reserves the right to make changes to these General Conditions should such changes be necessary to ensure compliance with supervening legal provisions, for technical reasons, to adapt them to the sales models adopted by the Company or to better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, the version of the General Conditions in force at the time the order is placed applies to each purchase.

3. Creation of an account

3.1. In order to proceed with the purchase of the products on the Website, the User must alternatively (i) access the Website with his/her authentication credentials already obtained following the creation of an account in his/her name on the Website; (ii) create a new account on the Website; (iii) proceed with the purchase as a "guest" user, without the need for any registration.

3.2. In order to create a new account on the Website, the User must (i) correctly fill in the fields of the registration form by entering all the data requested therein (by way of example and not limited to: name, surname, email address, username and password); (ii) confirm that he/she has read the privacy policy on the Website and provide any further consent; (iii) confirm the registration.

3.3. While creating the account on the Website, the User must choose a username and a password, whose length cannot be fewer than 8 characters, complying with the criteria for creating the password indicated on the Website. The User acknowledges and accepts the fact that the credentials used to log in to the Website are personal and must not be disclosed or transferred to third parties. The User undertakes to keep his/her password secret and to immediately notify the Company in the event of unauthorized use of the account or loss or theft of access credentials by sending a written communication to the Company at the addresses referred to in Article 16, containing a detailed explanation of what happened and a copy of his/her identity document. Upon receipt of the communication from the User, the Company will block the User's access credentials and will provide him/her with new access credentials. The Company assumes no responsibility for any loss or damage resulting from the fact that the User has not stored his/her password securely or has not communicated to the Company the unauthorized use, loss or theft of the password. The User undertakes all responsibility towards the Company for any loss and/or damage resulting from any unauthorized use of his/her account.

3.4. Registration on the Website is free, without prejudice to the facts that (i) the cost of the Internet connection used to access the Website is borne by the User, according to the rates, terms and conditions applied by his/her operator and (ii) the purchase of a product on the Website entails the obligation for the User to pay the Company the fees due for this product.

3.5. Following registration on the Website, the User will receive an email message at the address indicated during the registration.

3.6. The User can cancel his/her account at any time by sending a request using the form found at this link. Upon receipt of this communication, any contractual relationship between the User and the Company - without prejudice to purchase orders already sent before the cancellation request - will be considered terminated and the User's username and password will be deleted.

4. Purchasing as a guest

4.1. The User can also purchase via the Website as a guest, without creating an account on the Website. In this case, the User must (i) correctly fill in the fields of the appropriate form on the Website by entering all the data requested therein (by way of example and not limited to: name, surname, billing and delivery address, email address), and (ii) accept these General Conditions.

4.2. Following the completion of the form, the user can select a method of payment from among those indicated in the following article 8.1 and electronically submit his purchase order to the Company.

5. Conclusion of the purchasing contract

5.1. The User must select the products and place them in the cart, without prejudice to the possibility of modifying or deleting the contents of the cart at any time before proceeding with submitting the purchase order.

5.2. Submitting a purchase order via the Website constitutes a binding purchase offer with respect to the products selected and, therefore, the conclusion of a purchasing contract, which will be fully governed by these General Conditions ("Contract").

5.3. Before confirming the purchase order, the User is required to check the summary of the purchase order to check that all the data provided are correct. Eventual errors in data entry can be corrected using the appropriate data modification functions on the Website. In the event of errors that the User has noticed only after confirming the purchase order, the User can correct them by contacting the Company’s Customer Care Service in the manner indicated in the following article 16.

5.4. Once the purchase order has been sent, the Company sends the User (to the email address indicated during the ordering phase) an email confirming the order, containing the order number and the details of the order placed ("Order Confirmation"). The Contract will be considered concluded when the Order Confirmation is sent.

5.5. The User is required to keep the order number present in the Order Confirmation for the purpose of any eventual communication with the Company.

5.6. The Contract can only be concluded in Italian for shipments on Italian territory, or in Spanish for shipments on Spanish territory, in English or Spanish for shipments on Portuguese territory,

6. Selecting the products

6.1. The User can only purchase the products present in the catalogue published on the Website and available at the time of the purchase order. The product catalogue may be periodically updated by the Company, which, therefore, does not provide any guarantee as to the permanence of a product among those available or the availability of all sizes/versions/colours of each product in the catalogue.

6.2. Each product is accompanied by a description of its main characteristics. The images and colours of the products in the descriptive sheets may not correspond faithfully to the real ones, due to the settings of the computer systems or devices used by the User to view the Website. Therefore, the images published must be considered indicative within the limits of normal tolerance.

6.3. The products on the Website are available while stocks last. If, although selectable, the chosen product is not available, the Company will promptly notify the User via email to the address provided by the User. In the event of permanent unavailability of the product, the Company may propose to the User the termination of the Contract and the reimbursement of the payment already made, including any shipping costs, if applied.

7. Prices of the products

7.1. The sales prices are expressed in Euros and are inclusive of VAT, if applicable based on the country where the products will be shipped.

7.2. The sales prices applicable to the User are those published online at the time of placing the purchase order. These prices may be subject to changes without prior notice. It is the User's responsibility to check the final price before submitting the purchase order.

7.3. The Company reserves the right to apply different sales prices depending on the country where the products will be shipped.

7.4. All the prices of the products on the Website are net of shipping costs and any customs duties, which remain entirely the responsibility of the User.

8. Payments; billing; refunds

8.1. The methods of payment available to the User are listed below:

8.1.1. Credit card (Visa, Mastercard, American Express, Maestro);

8.1.2. PayPal.

8.2. Payment must be made at the time the order is placed.

8.3. For each purchase made via the Website, the Order Confirmation certifies the payment.

8.4. The Company reserves the right not to accept the purchase order in the event of failure to authorize the payment by the relevant manager through one of the methods of payment provided for in article 8.1.

8.5. Any refunds of the amounts paid by the User to the Company will be made via the same method of payment used by the User to make the purchase. Refunds will be processed in the time and manner established by the manager of this payment instrument.

9. Shipping and delivery of the products

9.1. The products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product. The delivery of the products is carried out via affiliated couriers.

9.2. Upon delivery of the products to the courier, the User receives, via email, a communication from the courier being used saying that the shipment has been carried out; the communication contains the estimated delivery times and the tracking code, which will allow the User to constantly monitor the shipment. The date of shipment of the products coincides with the date on which the products are entrusted to the courier in charge of the relative delivery.

9.3 The delivery times and costs of the products vary according to the countries of destination and the shipping methods chosen. In any case, delivery times are indicative and not strictly binding for the Company.

9.4. The Company may deliver the products ordered in the same order by means of partial deliveries, provided that the products can be used separately. In this case, the Company bears the additional shipping costs related to those deliveries. In any case, the partial delivery is considered valid and does not entitle the User to refuse the delivery or to obtain compensation or reimbursement.

9.5. Upon delivery of the product, the User is required to check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification does not obtain a positive result, the User must immediately make the necessary complaints to the courier, refusing the product or accepting it with reservation written on the transport document. Furthermore, the User must promptly inform the Company of the incident, by contacting the Customer Care service, no later than 8 (eight) days from the date of delivery of the product.

10. Late delivery

10.1. Where a Contract has been concluded and a supplier of the Company does not deliver the products ordered by the User to the Company within the terms agreed upon, the terms of delivery of the products to the User will be considered extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.

10.2. In accordance with Article 61 of the Consumer Code, if the Company does not deliver the products within the term agreed upon or within the term referred to in Article 10.1, the User may invite the Company to make the delivery within an additional term appropriate to the circumstances. If the additional term expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.

11. Collection of the products

11.1. In case of non-delivery of the products due to the absence of the User during the attempts provided for by the procedure applied by the courier, the courier will keep the products in its warehouse until they are collected by the User and in any case within the term indicated in the notice of attempted delivery left to the User. If the products are not collected within this period, the products will be returned to the Company. In this case, the Contract will be considered terminated by law pursuant to Article 1456 of the Civil Code, by sending a written communication to the User via email, and the relative purchase order will be cancelled. Within the following 15 (fifteen) days, the Company will reimburse the price paid by the User for the products, deducting the costs of the unsuccessful shipment, the costs of returning the products to the Company and any other expenses that the Company has claimed due to the non-delivery of the products because of the absence or inertia of the User in fulfilling his/her obligation to receive the delivery.

11.2. After the communication referred to in Article 11.1, the User who intends to request the delivery of the products previously ordered must necessarily proceed with a new purchase order, without prejudice to the Company's right to refuse this order.

12. The User’s declarations and guarantees

12.1. The User declares and guarantees:

12.1.1. to be able to legitimately stipulate these General Conditions;

12.1.2. to be of age;

12.1.3. that the personal data and other information communicated to the Company when registering on the Website or purchasing a product are true, correct and up-to-date. The Company reserves the right to verify the information provided at any time and by any means at their disposal, also by requesting suitable supporting documentation from the User and, in case of violation of this article 12.1.3, to close or suspend the User’s account;

12.1.4. that he/she will use the Website in compliance with any applicable law or regulation established, refraining from any form of direct and/or indirect use of the Website that is in contrast with the law, these General Conditions or detrimental to the rights of third parties.

12.2. The User undertakes to indemnify and hold the Company harmless against any liability, action, cost, expense and claim that may arise from the User's violation of the declarations and guarantees referred to in Article 12.1, in any case, without prejudice to the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code.

13. Legal guarantee of conformity

13.1. The products sold to the User via the Website enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code ("Legal Guarantee").

13.2. The Company is required to supply the User with products that comply with the Contract.

13.3. The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has manifested itself within the term of 2 (two) years from the delivery of the product. The User loses his rights relating to the Legal Guarantee if he does not report the lack of conformity to the Company within the term of 60 (sixty) days from the date on which he discovered the defect, by contacting Customer Care service in the manner indicated in Article 16; this report must contain an accurate and complete description of the alleged defects or deficiencies. In this case, the Customer Care service is required to verify the User's communication, giving him/her instructions for the shipment of the defective product, which will be at the Company's expense. The Company has the right to ask the User for the order number in which he/she purchased the product for which he/she intends to enforce the Legal Guarantee. At his/her discretion, the User may request an appropriate reduction in the price or the termination of the Contract if one of the following situations occurs: (i) it is impossible or excessively expensive to repair and replace the product; (ii) the Company has not repaired or replaced the product within a reasonable time; (iii) the replacement or repair previously carried out has caused significant inconvenience to the User.

13.4. Where, after having collected the product, the Company verifies that the lack of conformity reported actually exists, any costs of transportation, repair or replacement of the product will be borne by the Company. Otherwise, or where the Company verifies that the reported lack of conformity does not exist or that there are no conditions for the applicability of the Legal Guarantee, the Legal Guarantee will not be enforced and all transportation costs as well as the costs associated with the verification of the alleged lack of conformity will be borne by the User; in this case the Company will notify the User.

13.5. All Kidult jewellery is made from hypoallergenic materials (316L steel, leather, semi-precious stones, crystals, zircons, nylon, etc.) and with processing methods that comply with current Italian and international regulations. The User acknowledges and accepts the fact that any defects or damage caused by accidental events or by the User's responsibility or by use of products not compliant with their intended use or by normal wear and tear or by unauthorized alterations of and repairs to the product are not covered by the Legal Guarantee. Water, sunlight or contact with chemical compounds (creams, perfumes, detergents, etc.) may damage or discolour jewellery. It is advisable to avoid wearing them during exercise. It is physiological that slight oxidation may occur with wear and rubbing between different materials. Loss of lustre and oxidation on 316L steel jewellery are considered normal conditions and not defects and are therefore not covered by the Legal Warranty. For products covered by the Legal Guarantee, the Company reserves the right to repair or replace them with the same models or with others of equal or greater value.

14. Right of withdrawal

14.1. The User has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days of receipt of the products. If the User has purchased multiple products via a single order, the withdrawal period expires after 14 (fourteen) days from receipt of the last product.

14.2. In the event that the User takes advantage of the right of withdrawal, he/she must notify the Company via the form in the special area of the Website devoted to that purpose.

14.3. To meet the withdrawal deadline, all the User must do is send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Upon receipt of the request for withdrawal, the Company will communicate an acknowledgment of receipt to the User via email without delay.

14.4. The User is required to return the products in an intact state of conservation and without having removed the original labels. The packaging of the products must be done carefully, in order to protect the original wrapping from damage, affixing of writings or labels. The User cannot exercise the right of withdrawal if the products do not reflect the initial conditions of sale.

14.5. The User acknowledges that the right of withdrawal cannot be exercised in relation to Products ordered by the User that have been tailor-made and/or personalized.

14.6. In the event of withdrawal, the User will be reimbursed for all payments made in favor of the Company, except for the delivery costs and the additional costs deriving from the User's choice of a means of delivery other than the less expensive standard delivery means offered by the Company. The Company will forward the refund request to the payment circuits within 14 (fourteen) days from the date of receipt of the User's communication of wanting to withdraw from the Contract. These refunds will be made via the same method of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a consequence of this reimbursement.

14.7. Unless the Company has offered to collect the products itself subject to the exercise of the right of withdrawal by the User, the User is required to return or deliver the products to the Company or to the agreed couriers without undue delay and in any case within 14 (fourteen) days from the day on which the User communicated to the Company his/her withdrawal from the Contract. The deadline is considered abided by if the User returns the products to the following address before the end of the period of 14 (fourteen) days:

Mabina S.p.A. c/o Battistolli Logistica

Via dell'Economia 115, 36100, Vicenza, Italy

14.8. The costs of returning the products are borne by the User, unless the Company has at its discretion agreed in writing to bear such costs. The Company may suspend the reimbursement of the price of the products until their receipt or until the User demonstrates that he/she has returned the products, whichever is earlier. It is understood that, in the event of a right of withdrawal, the Company is not liable for the theft or loss of the products which occurred during the transportation of the goods to the Company.

15. Personal data protection

15.1. The Company processes the User's personal data for the purposes and in the manner specified in the Privacy Policy present on the Website at this link.

16. Customer Care

16.1. The Customer Care service, which the User can contact for any information, to request assistance or to submit complaints, can be reached at the following addresses: 02.72080581 or via email at clienti@mabina.it.

17. Online resolution of disputes

17.1. The User has the possibility to use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Via the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

18. Applicable law and competent court

18.1. These General Conditions are entirely governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract will be the exclusive competence of the Court of the place of residence or domicile of the consumer, if located within the Italian territory. If the User is not a resident or does not have his domicile within the Italian territory, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the Contract, in the event of an action brought by the Company, the latter may choose between the Court of Milan and the Court of the User's place of residence or domicile, alternatively between them; in the event of an action brought by the User, the Court of Milan will have exclusive jurisdiction.

License for the trade in precious objects no. 1576/Ctg. 14.E/2021 issued by the Police Commissioner of the Province of Milan - Central Public Security Commissioner on 10/01/2022

Last updated: May 12th, 2022