General Terms and Conditions of Sale, effective from 02/08/2023.
INTRODUCTION
This notice is provided for the website https://klshjeans.com/ (Website).
Seller’s details: Esisto Denim Ltd, registered office: Valikonagı Cad. Elif Sokak 4/2 Bakirköy/Istanbul | Email: info@klshjeans.com | Phone: +905346438622 (Seller).
Art. 1 Scope of Application
1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Website.
1.2 If the Website allows it, entering your tax code during a purchase implies that you are acting as a Consumer pursuant to Art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree of 6 September 2005, no. 206). A Consumer is defined as a natural person acting for purposes unrelated to entrepreneurial, commercial, professional, or craft activities. Conversely, if you can enter a VAT number (yours or that of a legal entity), this implies a purchase as a “Professional,” pursuant to Art. 3, paragraph I, letter c) of the Consumer Code. A Professional is defined as a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described further in this document.
1.3 The terms indicated are to be understood as business days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Website are to be considered purely indicative. Colors may differ from actual ones due to the settings of IT systems or computers used for their visualization.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the time of their publication on the Website. You are therefore invited to regularly access the Website and consult the most updated version of the General Terms and Conditions of Sale before making any purchases.
1.5 The General Terms and Conditions of Sale applicable are those in force at the date of submission of the purchase order.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by entities other than the Seller that may be present on the Website via links, banners, or other hypertext connections.
1.7 Before engaging in commercial transactions with such entities, it is necessary to verify their sales conditions.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such entities.
1.9 On websites accessible through such links, the Seller does not perform any checks and/or monitoring. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by the same.
1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Website, including during the purchase procedure.
1.11 The Seller shall in no case be held liable to you or any third party for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Website or inability to use it. The Seller does not guarantee or represent that: (i) the Website is free from viruses or programs that may damage data; (ii) the information contained on the Website is accurate, complete, and up-to-date.
1.12 Unless otherwise agreed with the Seller, it is not possible to place orders via email on the Website. The Seller does not accept orders by telephone unless otherwise agreed with the customer.
1.13 All elements of the Website are the property of the Seller or third parties. Unless explicitly agreed in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Website.
Art. 2 Purchases on the Website
2.1 To make purchases on the Website, you must follow the procedure present on the Website itself, entering the required data as prompted. The sales contract is concluded when the order reaches the Seller’s server.
2.2 You agree to inform the Seller immediately if you suspect or become aware of any improper use or unauthorized disclosure of any information you have entered on the Website.
2.3 You warrant that the personal information provided is complete and truthful and agree to indemnify and hold the Seller harmless from any damage, compensation obligation, and/or sanction arising from and/or in any way connected to the violation of this commitment. You agree to inform the Seller immediately if you suspect or become aware of any improper use or unauthorized disclosure of your access credentials to the Website.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provisions.
2.5 To place orders on the Website, you must read and approve these General Terms and Conditions of Sale by selecting the appropriate box during the purchase procedure. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Website.
2.6 The Seller is the sole counterpart of the user intending to purchase one or more products through the Website and is therefore (i) the entity to whom the user addresses their order to accept the offer and conclude the sales contract; (ii) the entity that assumes the pre-contractual obligations deriving from the offer; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Website is therefore concluded between the user and the Seller.
2.7 The Seller reserves the right to act under its trade name on the Website and in communications with customers related to the Website. When the trade name of the Seller or the first-person plural (“We”) is used on the Website or in customer communications related to the Website, this refers to both the Website and the Seller.
2.8 The Seller does not guarantee that the Website is constantly operational. Platform CMS updates may require temporary service suspension. The Seller accepts no liability for any harm or damages the user may suffer as a result.
2.9 After making a purchase, you will receive an order confirmation email. The confirmation email will contain at least the following information: (i) Seller details; (ii) characteristics of the purchased Product; (iii) purchase price and any applicable taxes; (iv) any additional costs; (v) the right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.
2.10 The colors of the Products displayed on the Website are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product differs from what the user expected. Users are encouraged to contact the Seller if they have doubts about the color of one or more Products shown on the Website.
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Art. 7 Right of Withdrawal
7.1 This article governs the right of withdrawal, which allows the Consumer to terminate the purchase contract without providing a reason. If you made the purchase as a Professional, the right of withdrawal does not apply unless otherwise agreed with the Seller. Exceptions to the right of withdrawal are outlined in this article. If no exceptions apply, this article fully governs the right of withdrawal.
7.2 If you are a Consumer (and if no exceptions apply), you have the right to withdraw from the purchase contract without providing any reason and without incurring costs other than those specified in this article, within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must notify the Seller of your decision to withdraw before the Withdrawal Period expires. You can do this by writing to the Seller at the contact details provided in the introduction or using the contact form on the Website if available. The right of withdrawal is considered exercised within the Withdrawal Period if the withdrawal notice is sent before the period expires. Unless otherwise agreed, the direct costs of returning the products are the Consumer’s responsibility, as is liability for transportation. Products must be returned to the Seller’s address or another address communicated by the Seller.
The Withdrawal Period expires 14 days after:
- For a single product order, the day you or a third party other than the carrier designated by you takes physical possession of the product.
- For multiple orders delivered separately, the day you or a third party other than the carrier designated by you takes physical possession of the last product.
- For an order of products consisting of multiple lots or pieces, the day you or a third party other than the carrier designated by you takes physical possession of the last lot or piece.
7.3 If the right of withdrawal applies, the Seller will refund the Total Amount Paid, including any applicable delivery charges, without undue delay and no later than 14 calendar days from the day the Seller is informed of your decision to withdraw from the contract. The refund will be processed using the same payment method used for the initial transaction unless you expressly agree otherwise. If the products were shipped using a carrier chosen and paid for by the Consumer, the Seller may withhold the refund until the products are received or proof of their return is provided, whichever comes first.
The Consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning. The product must be stored, handled, and inspected with due care and returned intact, complete in all its parts, fully functional, with all accessories, manuals, tags, labels, and any tamper-proof seals still attached and intact. The product must be fit for its intended use and free from signs of wear or dirt. Withdrawal applies to the product as a whole and cannot be exercised on parts or accessories of the product.
7.4 If the returned product shows diminished value due to handling beyond what is necessary to establish its nature, characteristics, and functioning, the Seller reserves the right to deduct the diminished value from the refund amount. The Seller will notify you of this circumstance and provide the reduced refund amount. If the refund has already been issued, the Seller will request payment of the difference.
Art. 8 Legal Warranty of Conformity
8.1 The Legal Warranty of Conformity is reserved for Consumers. It applies only to users who make purchases on the Website for purposes unrelated to entrepreneurial, commercial, craft, or professional activities.
8.2 The Seller is liable for any lack of conformity of the product that becomes apparent within two years from delivery. Legal actions to enforce conformity defects not intentionally concealed by the Seller must be initiated within 26 months of delivery.
8.3 Unless proven otherwise, conformity defects that become apparent within 12 months of delivery are presumed to have existed at the time of delivery unless such presumption is incompatible with the nature of the product or the defect. After the 12-month period, the burden of proof shifts to the Consumer.
8.4 In the event of a lack of conformity, the Consumer is entitled to have the product brought into conformity, to receive a proportional price reduction, or to terminate the contract, under the conditions set forth in Art. 135-bis and subsequent articles of the Consumer Code.
8.5 The Seller is not responsible for damages of any kind arising from improper or non-compliant use of the product, including cases of force majeure.
8.6 If you made the purchase as a Professional, this article does not apply. Instead, the warranty is governed by Art. 1490 and subsequent articles of the Italian Civil Code, which includes an 8-day period to report defects and a 1-year limitation period for legal action.
Art. 9 Manufacturer’s Warranty
9.1 The Manufacturer’s Warranty is an additional warranty provided by the product manufacturer, separate from the Legal Warranty of Conformity. Unless otherwise stated on the Website, products sold on the Website are not covered by the Manufacturer’s Warranty. In any case, you retain the rights outlined in the Legal Warranty of Conformity.
Art. 10 Applicable Law and Jurisdiction; Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded via the Website are governed by these General Terms and Conditions of Sale and, for matters not addressed herein, by the Italian Consumer Code.
10.2 For Consumers, any disputes related to the application, execution, or interpretation of this document fall under the jurisdiction of the court where the Consumer resides or has elected domicile. For Professionals, jurisdiction is assigned to the court where the Seller is based, as stated in the introduction.
10.3 The Seller informs Consumers that in case of unresolved disputes, the Seller will provide information about Alternative Dispute Resolution (ADR) entities for out-of-court resolution of disputes related to obligations arising from a contract concluded under these General Terms and Conditions of Sale. The Seller will also specify whether they intend to use these entities to resolve the dispute.
10.4 Consumers are informed of the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr. The ODR platform allows Consumers to consult ADR entities and initiate online dispute resolution procedures.
10.5 Consumers retain the right to take legal action in competent courts, regardless of the outcome of ADR procedures.
Art. 11 Customer Service
11.1 For inquiries, communications, assistance, or complaints, contact the Seller using the details provided in the introduction or the contact form on the Website.
11.2 The Seller will respond within approximately 5 business days.
Art. 12 Reviews
12.1 Pursuant to Legislative Decree No. 26 of March 7, 2023, the Website informs you that no tool is implemented on the Website to allow users to publish reviews.
12.2 However, you are invited to refer to this article during future purchases to verify whether a tool has been implemented on the Website that allows users to publish their reviews regarding their purchase experiences on the Website.
Art. 13 Miscellaneous
13.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided by applicable law are preserved.
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