General Terms and Conditions of Contract

GENERAL CONDITIONS

1. Internet Sales Contract
The following general terms and conditions of sale apply exclusively to all deliveries made under distance contracts as defined by Legislative Decree No. 206/2005.

The order is considered valid only after the acceptance is sent to the customer's E-Mail address by K-Moon of Soda Roberta.

By placing the order for the goods, the customer unconditionally accepts these general terms and conditions of sale. Modifications or ancillary agreements are only valid for individual orders and require written confirmation from authorized persons of K-Moon.

In accordance with the law, a delivery period of 30 days applies to all products. After this period, the customer can set a subsequent deadline.K-Moon reserves the right to withdraw from the purchase contract, without the right to compensation for damages, if this delivery deadline cannot be met.

The buyer also declares to be of legal age or to purchase with the consent and through their legal representatives, whether they are parents or guardians.

2. Privacy
The processing of your data is based on multiple legislative regulations, including Articles 13 and 14 of Regulation (EU) 2016/679. The data controller is K-Moon of Soda Roberta, located at Strada Vecchia 58, 39022 Lagundo (BZ). The information regarding the processing of personal data as well as the rights of the data subject are published on our website.

3. Prices
Our prices are inclusive of VAT and do not include shipping costs and, if offered, the costs for cash on delivery service, which are the responsibility of the customer. The price is understood to be that applied at the time of the order as it appears in the electronic catalog, subject to typographical errors. It is not possible to order goods at a price different from that in effect on the day of the order. K-Moon reserves the right to change prices without further notice.

4. Payment Terms
Unless otherwise agreed, payment is made by credit card or bank transfer.

In the event of delayed payment beyond the established terms, the customer is automatically in default and required to pay late payment interest as stipulated by Legislative Decree No. 231/2002.

K-Moon reserves the right to suspend its contractual obligations until full payment for the goods is received (Article 1460 of the Civil Code), and this is without any right on the part of the customer to compensation for damages of any kind.

5. Right of Ownership
The goods remain the property of K-Moon until full payment has been made. In the event of delayed payment, K-Moon is authorized to withdraw from the contract and request the return of the goods. The goods may not be assigned to third parties, pledged, or transferred to third parties as collateral before full payment has been made. Furthermore, it is prohibited to grant third parties any other rights over the goods. In the event of enforcement measures and interventions that jeopardize the legal situation of K-Moon by third parties on the goods, the customer is required to immediately report the matter to the third party and K-Moon. In case of failure to report, the customer is obliged to compensate K-Moon for damages.

6. Delivery Costs and Conditions
Delivery is at the customer's expense and risk, free of charge at the K-Moon depot in I-39022 Lagundo (BZ) via postal service and/or courier/forwarder to the delivery address indicated by the customer. The buyer must check the supply immediately upon delivery. If there are suspicions of damage resulting from transport and/or if goods have been removed from damaged packaging, the customer must inform K-Moon immediately in writing and retain the original packaging. Binding commitments regarding delivery times must be formalized in writing for their validity. If delays in delivery occur due to direct responsibility of the suppliers or the companies handling the transport, K-Moon cannot be held responsible for damages resulting from such delays. If the customer sets an appropriate delivery deadline after the supply is already delayed, K-Moon has the right to withdraw from the contract without incurring any costs after that deadline. Claims for damages by the customer for non-fulfillment of the order can only be made in the case of delays resulting from the will or gross negligence of the seller.

K-Moon is authorized to make partial deliveries as well. If a partial / incorrect address is entered at the time of the order, any additional costs for the delivery of the package, resulting from the correction / change of address / surcharge by the courier, are the responsibility of the customer. 

7. Warranty
At the time of delivery, the customer, except for the user, is obliged to immediately check whether the goods have any obvious defects that an average consumer (belonging to the respective professional category) would certainly notice. If obvious defects are found, especially significant and easily visible damages and/or malfunctions, the customer is required to report them in writing within 8 days of delivery, describing exactly the defect found. Otherwise, their rights for defects are excluded. For non-obvious defects, it is possible to assert one's rights always within the period of 8 days from their discovery. In this case as well, a detailed description of the defect found must be notified in writing.

In case of violation of the terms provided for the reporting of defects, K-Moon will consider the purchase of the goods perfected in the state in which it is found.

The terms for reporting defects and the warranty period are subject in any case to the laws in force in Italy.

In the case of legitimate complaints within the established deadlines, the buyer has the right to demand the cancellation of the contract or an appropriate reduction of the price. Regarding the contractual relationships between K-Moon and customers, not classified as users under the law, it is specified that in the case of conciliability between the parties, articles 1470 and following of the civil code will apply.

"Towards the customer, classified as a consumer under the law, Articles 1519 bis and following of the Civil Code apply. In this case as well, the customer is obliged to observe the legal terms and the aforementioned methods for reporting defects."

If the defects found are reported within the deadline for reporting defects and in any case within the warranty period provided by law, the customer has the right to demand free repair or replacement of the product within a reasonable period of time. The customer cannot take advantage of the aforementioned services if their implementation is objectively impossible and/or if the performance involves costs that are too high for K-Moon.

In case of direct or indirect damages, loss or missed profits due to defective deliveries, non-delivery or delivery delays, it is not possible to replace the goods, regardless of whether the customer is considered a user or non-user under the law.

If K-Moon regulates the warranty case for the customer, the disputed goods or parts will be sent to the manufacturer. The repair or replacement of the goods will only occur upon acceptance of the complaint by the manufacturer. K-Moon therefore reserves the right to personally replace the parts subject to the complaint. The customer cannot claim any rights regarding this type of procedure.

K-Moon reserves the right to charge the customer for any expenses incurred for the verification of the product, should it be found intact and functional, contrary to what was declared by the customer.

8. Right of Withdrawal
If the customer is a consumer under the law (D.Lgs. n. 205/2006), they have the right to withdraw from the purchase contract within the legal term of 14 (fourteen) days from the date of receipt of the goods or partial delivery by registered letter with acknowledgment of receipt. The communication can also be sent via email, provided it is confirmed by registered letter with acknowledgment of receipt within forty-eight hours thereafter. The customer can exercise the right of withdrawal only if the goods have not been used or if the packaging has not been opened and can be resold, and if it is returned within 14 days from the date of withdrawal in its original packaging along with additional external packaging. The consumer is responsible for any decrease in the value of the goods if the deterioration in value is due to handling that is not necessary to ascertain the nature, characteristics, and functioning of the goods. Return shipping costs are entirely the responsibility of the customer as provided by D.Lgs. n. 206/2005. Additionally, a flat fee of 3 euros for the packaging used remains the responsibility of the customer. In case of damage or loss occurring during transport, K-Moon reserves the right to charge for any damages incurred by withholding them from the amounts to be refunded. In the event of withdrawal, we will refund the payment via the payment method used by the consumer no later than 14 days after receiving the withdrawal if the goods are returned in the mentioned conditions.

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal provided for in paragraphs 1 and 2 of Legislative Decree No. 205 of September 6, 2005 for contracts:

• of the supply of services whose execution has begun, with the consumer's agreement, before the expiration of the ten-day period provided for the exercise of the right of withdrawal;
• supply of goods or services whose price is linked to fluctuations in financial market rates that the supplier cannot control;
• of the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are at risk of deteriorating or altering rapidly;
• supply of sealed audiovisual products or computer software, opened by the consumer;
• of supply of newspapers, magazines and journals.

"Without an unboxing video of the original shipping box, complaints for damaged items will not be accepted. All albums arrive sealed, and therefore we are not responsible for any manufacturing defects or for the lack of photocard."

Unfortunately, if the album was damaged during transport, we are not responsible for any scratches or small dents. IMPORTANT: if the packaging is visibly damaged upon receipt, you must sign the receipt WITH RESERVATION.

If the goods are found to be used or the original packaging is damaged, K-Moon will charge the customer a flat fee for the loss of value of the goods, unless K-Moon accepts the customer's request for withdrawal. The right of withdrawal applies only to mail order sales in any case. Products collected directly from K-Moon are excluded.

The aforementioned registered letter with acknowledgment of receipt as well as the return shipment must be sent to the following address:

Soda Roberta
Old Road 58
39022 Lagundo (BZ)

9. Returns
For returns, the customer needs a return number (RNR number), which will be assigned by K-Moon following the exercise of the right of withdrawal, and a copy of the purchase document or delivery note. Returns that are not accepted will not be considered and will be immediately resent at the customer's expense to the sender's address. For returns, both the risk and the costs are the responsibility of the customer. Supplies that do not conform to the order must be returned in their original, intact packaging, sealed and without any signs of tampering.

Returns under warranty are accepted only if the type of defect is communicated in advance. K-Moon reserves the right to carry out an inspection of the returned product; if during the warranty period the goods are returned unjustifiably as defective or incomplete, any inspection costs plus transportation costs will be charged.

K-Moon reserves the right to replace the returned goods due to defects with an identical product of the same value, to repair it, or to refund the amount paid.

10. Liability
The warranties of the respective manufacturers apply to the purchased goods. The technical support service as well as the warranty conditions are assumed by the manufacturers who repair the goods at one of their technical support points. The legal representatives and collaborators of the seller decline any responsibility towards the customer, except in cases of intent and gross negligence.

11. Competent court and jurisdiction
The competent court is the location of K-Moon in the event that the contracting party is not classified as a consumer under the law. Otherwise, the court will be competent according to the provisions of Italian law. For all direct and/or indirect disputes of a financial nature arising from this contractual relationship, the aforementioned agreement on the competent court applies. K-Moon expressly reserves the right to take legal action against the customer also at the court in whose district the customer has their domicile.

Italian law applies to all contractual relationships between K-Moon and the customer.

12. Delivery Times
The delivery time for all products is 30 working days, unless the product explicitly specifies more than 30 working days. If we have indicated a shorter delivery time, this is indicative and may be exceeded.

13. Purchase by minors

Minors have the right to purchase only with the consent and through their legal representatives, whether they are parents or guardians.

No direct contact between seller and buyer means that a check on the true age of the buyer is impossible. K-Moon must rely on the buyer's indications and has no way to verify the age of the interested party.

If the minor should therefore, despite the clear indications in the general conditions "the buyer declares to be of legal age" or in the information requested regarding age, have provided false information to purchase the desired item and/or to access the desired data, the request for a refund of the amount paid does not exist.

If the minor uses another name or an adult's credit card, it constitutes a deception with the consequent obligation to pay for the purchased goods. I parents are directly responsible for the damage based on the so-called "culpa in educando".

14. Miscellaneous
In the event that a clause of this contract is or becomes invalid in whole or in part, the remaining contractual provisions shall remain in effect. Instead of the invalid clause, a corresponding or at least similar substitute clause shall apply, which the contracting parties would have agreed upon to achieve the same result, had they been aware of the invalidity of the provisions. The same conditions apply in the case of incomplete provisions.

"We reserve the right to the presence of any errors, missing technical data, and typographical errors."

On the site there are several links to other WEB sites. These links are not monitored by K-Moon and therefore no responsibility is assumed for the content of these WEB sites and related links.

In case of divergence between the text of the general terms of sale in the various languages present on the site, the text in Italian prevails.

"We refer you to the European platform for online dispute resolution as required by law:" http://ec.europa.eu/odr

15. Shipping and Delivery
Orders are usually processed and shipped within 48 hours.

Our shipping partner delivers the ordered goods within the national territory, normally within 48 hours. 96 hours. Waiting times are extended by 1-2 days if delivery occurs in remote areas.

To avoid delays in delivery to our shipping partner, we need your PHONE number to contact you by phone, see the mandatory field in the cart.

We only ship to the countries and with the costs mentioned in the shipping costs page.