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Terms & Conditions

1. Identification of the Seller

1.1. Seller:
The goods subject to these conditions/online sales contract are sold by **KEY di Ennio Baglioni** with registered office in Via Giuseppe di Vittorio, snc, Tax Code (CF): BGLNNE71E18G482S and VAT number (P.IVA): 01932120684 E-mail address info@keygadgets.it tel +39 338 87 43 541

2. Definition

2.1. “Contract” and “Online Sales Contract”:
Indicates the sales contract for the Seller's Movable Goods presented on www.keygadgets.it, concluded between them and the Customer within the framework of a distance selling system through telematic means, organized by the Seller.
2.2. “Customer”:
Indicates the consumer or user as defined in art. 3, paragraph 1, letter A) of Legislative Decree 6 September 2005, no. 206 (Consumer Code): “Consumer or User: a natural person who acts for purposes unrelated to entrepreneurial, commercial, craft, or professional activity”.
2.3. “Seller”:
Indicates the person described in point 1, i.e., the professional who sells the goods covered by the online sales contract as defined in art. 3, paragraph 1, letter C) of Legislative Decree 6 September 2005, no. 206 (Consumer Code): “Professional: the natural or legal person who acts in the exercise of their commercial, craft, or professional activity, or their intermediary”.
2.4. “Site”:
Indicates the online sales site managed by the Seller www.keygadgets.it.
2.5. Consumer Code:
Legislative Decree (D.Lgs.) 6 September 2005, no. 206 and subsequent amendments and additions.

3. Subject of the Online Sales Contract

3.1.
With this online sales contract, the Seller sells and the Customer acquires remotely via telematic means (through the Seller's website) movable goods and merchandise indicated and offered for sale on www.keygadgets.it.
3.2.
This online sales contract governs the terms and conditions of purchase between the Seller and the Customer who is resident in Italy and requests the delivery of the goods on Italian territory.
3.3.
The purchasable goods are those that can be viewed on the pages of the Seller's site www.keygadgets.it.
3.4.
Regarding the characteristics of the products' prices, taxes, methods and costs of delivery, and any other information concerning the purchase of the goods, please refer to the product form and the order form on www.keygadgets.it and can be viewed before making any purchase or order.
3.5.
The Seller does not sell used, irregular, or lower-quality products than the corresponding standards offered by the market.
3.6.
Any images or colors of the products offered for sale may have different effects in the actual view of the goods. Such dissonance may be related to the effects of the Internet browser, the monitor used, or the monitor's own settings (brightness, contrast, quality, and type of printer in use, etc.).

4. How to Conclude an Online Sales Contract

4.1.
The online sales contract between the Seller and the Customer is concluded exclusively through the Internet via the Customer's registration and access to the address www.keygadgets.it where, following the procedures described, the Customer will formalize the proposal for the purchase of the goods of interest to them and will receive an order confirmation to the email address used for registration on the Seller's site.
4.2.
Refer to the “Rights, Information and Guidelines for Consumer Site Use” section for the procedures for using the portal. These procedures and information are, however, forwarded to the consumer's mail upon registration on the site via a dedicated link.
4.3.
In the order confirmation email, the Customer will also receive the link to download and archive a copy of the documentation.

5. Pre-Contractual Duties and Information

5.1.
Pre-contractual information for the Consumer is provided before the Customer is bound by any distance online sales contract. In particular, the information provided by art. 49 D.Lgs February 21, 2014, no. 21 is provided on the www.keygadgets.it website and is summarized in the Rights, Information, and Guidelines on How to Use the Website for the Consumer section on the web pages of the same site.

6. Conclusion and Effectiveness of the Contract

6.1.
To purchase, it is first necessary for the Customer to register on the Seller's website www.keygadgets.it. Registration is without any obligation to purchase. The Customer can view through the pages of the site the purchasable goods, their characteristics, technical information on prices, costs, delivery and payment methods, and any other information necessary for the correct formulation of the purchase intent.
6.2.
Registered persons have the possibility to place all their orders from the site pages and to track their orders. From the moment of registration on the site, it will be possible to view a summary web page of all orders, which can be printed and saved.
6.3.
If the Customer decides to place the final purchase order, it is necessary to first view the General Conditions of Sale / Online Purchase Agreement for Consumers (B2C) and only if they expressly accept these terms will it be possible to press the appropriate button in "Step 6. Order Confirmation" correctly.
6.4.
The contract is concluded from the moment the Customer presses the button in the order confirmation section.
6.5.
By clicking on the “Continue” button in the order confirmation phase, the order will be forwarded to the Seller.
6.6.
As soon as the Seller receives the purchase order from the Customer, they send a confirmation email containing:
  • order summary;
  • accepted link to the General Conditions of Sale / Purchase Agreement for Consumers (B2C) (which can be printed and/or saved on the Buyer/Recipient's PC);
  • link to the Charter of Rights, fundamental Information and Guidelines for the Consumer.
6.7.
The Seller reserves the right to change prices at any time; in case of such changes, the products will be invoiced on the basis of the rates in force at the time of placing the order (and order confirmation according to the instructions above). The products remain the property of the Seller until the total amount is paid.

7. Payment Methods

7.1.
Any payment by the Customer can be made via **Paypal** or **Advance Bank Transfer**. These are mentioned on the Seller's site pages.
7.2.
The payment method chosen by the Customer is selected by them during the item selection and order confirmation phases.
7.3.
Each registered Customer declares to have the full right to use the chosen payment instrument. The Customer must verify that the payment instruments in their possession have sufficient credit to cover all purchase costs.
7.4.
All communications relating to prepaid credit cards and similar payments are made on a dedicated Seller's line, protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in accordance with the provisions of this Privacy Policy.

8. Delivery Times and Methods

8.1.
The Seller will deliver the selected and ordered products in the manner selected by the Customer or indicated on the website at the time of the offer and order placement by the Customer and subsequent acceptance by the Seller as per previously executed procedures.
8.2.
Shipping times may vary from the first day up to a maximum of **30 working days** from the date of conclusion of the sales contract.
8.3.
In the event that the courier was chosen by the Customer outside of those proposed at the time of purchase, the risk of damage to the products will be transferred to the Customer upon delivery to the courier itself, excluding any disputes regarding the external characteristics of the delivery. In this case, any dispute must be transferred directly to the courier.

9. Prices

9.1.
All selling prices of the products displayed on the internet site are expressed in **Euros** and constitute a public offer pursuant to art. 1336 of the Civil Code (c.c.).
9.2.
The selling prices are indicated for each product and include **VAT** and any other taxes. Shipping or delivery costs and any additional costs, if applicable, are listed on the site pages related to each product and summarized in the order form before forwarding it.
9.3.
The prices indicated for each of the products offered to the public are valid until the date of online modification of the goods. In any case, the Customer's charges will be those in force at the time of order placement by the Consumer.

10. Right of Withdrawal and Refund

10.1.
The Buyer/Consumer, as provided for by art. 52 paragraph 2 of the Consumer Code, has the right to withdraw from the online sales contract without any penalty and without specifying the reason within **14 (fourteen) days**. The withdrawal period expires after 14 days: (A) in the case of a sales contract for a single product [...] (B) in the case of a multiple contract [...] (C) in the case of a contract for the delivery of a substantial item of lots [...].
10.2. How to Exercise the Right of Withdrawal:
To exercise the right of withdrawal, the Customer is required to inform the seller of their decision to withdraw from this online sales contract through an **explicit declaration** (e.g., letter sent by post, fax, or email). For this purpose, the Customer may:
  1. Use the withdrawal type form attached to these conditions of sale and also in the "Rights, Information and Guidelines for Consumer Site Use" section
  2. Send any other explicit declaration of their decision to withdraw from the online sales contract, for example by fax, by email via registered letter or by post.
10.3.
The Customer has exercised the right of withdrawal within the withdrawal deadline if the communication concerning the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. Please note that the burden of proof relating to the exercise of the right of withdrawal lies with the Buyer/Consumer. To assist the Customer, please contact the seller's contact details and the withdrawal form.

Company Name: KEY di Ennio Baglioni
Address: Via Giuseppe di Vittorio, snc, 65123, Pescara (PE)
E-mail: info@keygadgets.it
Telephone number: +39 338 87 43 541

**WITHDRAWAL FORM**
Fill in and return this form only if you wish to withdraw from the online sales contract.

11. Effect of Withdrawal

11.1. Refund of Payments:
If the Customer withdraws from this online sales contract, all payments made to the Seller, including delivery costs (with the exception of additional costs resulting from any type of delivery other than the less expensive standard delivery type offered) will be reimbursed without undue delay and in any event no later than **14 days** from the day on which the seller is informed of the decision to withdraw. These refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise.
11.2.
The refund may be suspended until receipt of the goods or until the Customer has demonstrated that they have previously returned the goods.
11.3. Return of Goods:
If the Customer has received the goods, they are required to return the goods or hand them over to KEY di Ennio Baglioni – Via Giuseppe di Vittorio, snc, 65123 Pescara (PE) without undue delay and in any event within **14 days** from the date on which the Customer communicated their withdrawal. The deadline is met if the goods are returned before the expiry of the 14-day period.
11.4. Return Costs:
The direct costs of returning the goods will be borne by the Customer.
11.5.
The actual cost of the refund will in any case be linked to the refund methods chosen by the consumer himself (for example, the chosen courier or the type of shipment).
11.6.
In the event that the professional has not fulfilled the information obligations on the existence of the right of withdrawal, [...] the term for exercising the right is 12 months. [...]
11.7.
Upon receipt of the communication with which the Customer informs of the exercise of the right of withdrawal, the parties to this online sales contract are dissolved from their reciprocal obligations, without prejudice to the obligations of the Customer and the Seller mentioned above.

12. Exclusion of the Right of Withdrawal

12.1. The Consumer Code exempts the right of withdrawal, in particular the right of withdrawal for distance contracts and contracts negotiated outside business premises is excluded in relation to:

  • (A) service contracts after the provision of a full service if the execution has begun with the explicit agreement of the consumer...
  • (B) the supply of goods or services whose price is linked to fluctuations in the financial market...
  • (C) the supply of **tailor-made or clearly personalized goods**;
  • (D) the supply of **goods which are liable to deteriorate or expire rapidly**;
  • (E) the supply of **sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery**;
  • (F) the supply of goods which, after their delivery, are, by their nature, **inseparably mixed with other goods**;
  • (G) the supply of alcoholic beverages...
  • (H) contracts in which the consumer has specifically requested the visit of a professional...
  • (I) the supply of **sealed audio or video recordings or sealed computer software which has been opened after delivery**;
  • (L) the supply of newspapers, periodicals, and magazines...
  • (M) contracts concluded at a public auction;
  • (N) the supply of accommodation for non-residential purposes, transport of goods, car rental services, catering services, or services relating to leisure activities...
  • (O) the supply of digital content through non-material support...

The right of withdrawal does not apply to the Customer who purchases for purposes related to their work activity (e.g., instrumental use, resale, etc.) and who therefore communicates their VAT number to the Supplier.

13. Product Availability

13.1.
The seller ensures the processing and execution of orders without delay through the system. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as delivery times.
13.2.
If an order exceeds the amount in the warehouse, the Seller, via email, will notify the Customer if the item is no longer available [...] asking whether or not they intend to confirm the order.
13.3.
The seller's computer system confirms the registration of the order as soon as possible by forwarding an email confirmation to the user, as in the procedures described above.

14. Limitations of Liability

14.1.
The Seller will not be liable for any failure due to **force majeure** if it fails to execute the order within the terms of the contract.
14.2.
The Seller cannot be held liable to the Customer, except in the case of serious fault or misconduct, for interruptions or malfunctions related to the use of the Internet outside its control or that of its sub-suppliers.
14.3.
The Seller will also not be responsible for damage, losses, and costs incurred by the Customer as a result of non-execution of the contract for reasons not attributable to him, as the Customer is only entitled to the full refund of the price paid and any accessory expenses incurred.
14.4.
The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties, credit cards, checks, and other means of payment upon payment of the purchased goods if it proves to have adopted all possible precautions [...]
14.5.
In no event will the Customer be held liable for delays or disqualifications of payment if they prove that they paid the same within the times and methods indicated by the Seller.

15. Liability for Responsibility, Damages, and Compensation: Seller's Obligations

15.1.
According to Art. 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the products sold if it fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or the person who supplied the goods.
15.7.
Damage to things referred to in Art. 123 of the Consumer Code will, however, be reimbursable only to the extent that it exceeds the sum of **three hundred and seventy-seven euros (euro 377)**.

16. Guarantees and Assistance Methods

16.1.
The Seller will be liable for any lack of conformity that occurs within **two years** of the delivery of the goods.
16.2. Presumption of Conformity:
For the purposes of this contract, consumer goods deliveries are presumed to be compliant with the contract if, where relevant, the following circumstances coexist: (A) they are suitable for the use in which goods of the same type are normally used; (B) they comply with the description made by the Seller [...] (C) they present the usual quality and performance [...] (D) they are also suitable for the particular use required by the Customer [...]
16.3.
The Customer will cease to be held responsible if they fail to notify the Seller of the non-compliance within **two months** from the date on which the defect was discovered. The complaint is not necessary if the seller acknowledges the existence of the defect.
16.4. Presumption of Defect:
Unless proven otherwise, defects of conformity that occur within **six months** of the delivery of the goods are presumed to have already existed on that date [...]
16.5. Remedies for Lack of Conformity:
In the event of a lack of conformity, the Customer may, alternatively and free of charge, apply for the following conditions: **repair or replacement** of the purchased goods, a **reduction in the purchase price** or the **termination of this contract** [...]

17. Customer Obligations

17.1.
The Customer undertakes to pay the price of the purchased item within the times and methods indicated in the contract of the order confirmation document and all documents relating to the contract completion procedures.
17.2.
The Customer undertakes, upon completion of the online purchase procedure, to provide for the printing and preservation of this contract.
17.3.
The information contained in this contract has already been examined and accepted by the Customer, who acknowledges that this step is made mandatory prior to purchase confirmation.

18. Causes of Termination

18.1.
The buyers referred to in point 15, assumed by the Customer, as well as the guarantee of the successful outcome of the payment made by the Customer and also the exact fulfillment of the obligations assumed by the Seller, are essential, so that by express agreement, the failure to fulfill one only of these obligations, if not determined by chance or force majeure, will result in the termination of the contract pursuant to Art. 1456 of the Civil Code (CC), without the need for a judicial decision.

19. Methods for Contract Preservation

19.1.
According to Art. 12 of Legislative Decree 70/2003, the Seller informs the Customer that every order sent is stored in digital/paper form at the Seller's premises, or on the information system/IT tools of the provider's service providers [...]

20. Communications and Complaints

20.1.
The Customer can notify the seller of any complaints or request support and assistance via telephone, fax, or email to:
  • Company Name: KEY di Ennio Baglioni
  • Address: Via Giuseppe di Vittorio, snc, 65123, Pescara (PE)
  • E-mail: info@keygadgets.it
  • Telephone number: +39 338 87 43 541

21. Dispute Resolution

21.1. Competent Court:
If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is exclusively that of the **place of residence or domicile of the Consumer** if they are located in the territory of the State, which is essential pursuant to Art. 66 bis of the Consumer Code.
21.2. Online Dispute Resolution (ODR):
In order to resolve any disputes relating to these general conditions of sale, it is possible in any case to resort to mediation procedures by following the procedures described in the European Online Dispute Resolution Platform.

22. Applicable Law and Referral

22.1.
This contract is governed by **Italian law**.
22.2.
To the extent not expressly provided for, the laws and regulations applicable to the relationships and circumstances of this contract shall apply and pursuant to Art. 66 quarter of the Consumer Code, explicit reference is made here to the discipline contained in Part III, Title III, Chapter I of the same code which the consumer will see applied in full.

Information regarding online dispute resolution pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission assigns consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court settlements on disputes arising from online purchases and service contracts.

Key di Baglioni Ennio adheres to the ethical code of the Italian Electronic Commerce Association available at the following
link: https://www.aicel.org/codice-etico-dei-merchant-aicel.

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