General Terms and Conditions of Sale
Definitions
- Account: The profile of the Registered Customer, containing personal information and allowing for operations related to Orders, including but not limited to: monitoring orders, canceling orders, processing returns, and requesting information. The Account is strictly personal and protected by a username and password;
- BasicCard: A virtual shopping card that may be subscribed to by the Customer to obtain discounts and promotional offers;
- Registered Customer: A Customer who has created an Account by providing information including name, surname, date of birth, and e-mail address;
- Guest Customer: Any natural person acting for purposes unrelated to any commercial, entrepreneurial, or professional activity, who intends to purchase products offered for sale on Kappa.com;
- Customer: Refers collectively to the Registered Customer and the Guest Customer;
- General Conditions: This document, containing the terms of sale for the Products, which the Customer accepts by checking the relevant box;
- KAPPA: KAPPA S.r.l., VAT No. 10205940017, with registered office at Largo Maurizio Vitale, n. 1, Turin, 10152, Italy, the selling company with which the Customer enters into these General Conditions;
- Trademarks: All trademarks, registered or used de facto, present on the Products, in commercial communications, and on the platform owned by Kappa, including but not limited to: KAPPA, ROBE DI KAPPA, BRIKO;
- Order(s): The purchase of Products made by the Customer on the Platform;
- Parties: Kappa and the Customer, when referred to jointly;
- Platform: The online commercial platform attributable to KAPPA, located at the domain www.kappa.com;
- Product(s): Any item purchased on the Platform.
1. Subject Matter
1.1. These General Conditions govern the relationship between KAPPA and the Customer regarding the Products and, more generally, the use of the Platform.
2. Applicability of the General Conditions
2.1. These General Conditions apply to each and every individual order placed on the Platform by a Customer acting as a consumer pursuant to Art. 2, lett. e) of the Consumer Code, and become effective upon completion of the purchase process on the Platform, following the selection of the "I Accept" checkbox.
2.2. The Customer declares to have reviewed all information provided during the purchase procedure, to be of legal age and/or to possess the legal capacity to act, and to fully accept the General Conditions.
3. Offer of Products and Submission of Orders
3.1. Products are offered for sale on the Platform with specific descriptions of their characteristics and unit prices.
3.2. KAPPA endeavors to ensure that images accompanying the Product descriptions represent the Products as accurately as possible. However, due to the browser and monitor used, certain characteristics such as color and dimensions may differ.
3.3. Product prices indicated on the Platform include taxes and applicable VAT but exclude shipping costs.
3.4. Shipping costs are calculated at the Order summary stage, taking into account applied rates, the destination country, the Order value, and current promotions. Shipping may be free above a certain purchase value or through specific discounts. The Customer will be informed of the total cost prior to Order confirmation.
3.5. The Customer, under their exclusive responsibility, selects the Products, verifying the type of garment, color, and size, and completes the procedure following the Platform’s rules.
3.6. Prices may fluctuate until the Order is finalized. The Customer is invited to verify the final price summarized at the end of the purchase process.
3.7. The Order is finalized when confirmed by KAPPA via e-mail to the address provided by the Customer, following the successful completion of the payment procedure.
3.8. Should KAPPA discover the unavailability of one or more Products or the impossibility of shipping after confirmation, it will inform the Customer as soon as possible and refund the price of the unconfirmed Products. The Order remains valid and binding for any confirmed Products.
3.9. The Customer cannot modify the Order once the purchase procedure is finalized.
3.10. The Customer may, however, cancel the Order before it has been processed:
a. Registered Customer: Via the "Orders" section by selecting "Details" and clicking "CANCEL ORDER."
b. Guest Customer: Via the "CANCEL ORDER" button at the bottom of the page accessed through the "view my order" link in the confirmation e-mail.
3.11. If the "CANCEL ORDER" button is unavailable, the Customer may refuse delivery or initiate the return procedure under Art. 7.
3.12. If canceled pursuant to Art. 3.10, the Customer will receive a full refund of the amount paid.
4. Terms of Payment
4.1. Payment may be made exclusively via credit/debit card (Amex, Visa, Mastercard) or via Apple Pay, PayPal, and Satispay. Installment payments via PayPal, Klarna, and Scalapay are also available. By using third-party installment services, the Customer accepts their terms and expressly holds KAPPA harmless from any liability arising therefrom.
4.2. Orders are processed in EUR (€), GBP (£), JPY (¥), and USD ($).
4.3. KAPPA does not have access to the Customer's card information. Data is transmitted via encrypted protocols to Shopify International Ltd., which handles payments on KAPPA's behalf.
4.4. KAPPA shall not be held liable for any fraudulent or unauthorized use of credit cards by third parties.
5. Shipping
5.1. Orders can be shipped to and returned from all EU countries and the Principality of Monaco. Duty-free areas (e.g., Livigno, Vatican City, Canary Islands) are excluded.
5.2. Products will be delivered to the address specified in the Order within the indicated timeframe.
5.3. Delivery methods and timings are indicated upon conclusion of each Order.
5.4. Delivery times are indicative. KAPPA will make every effort to deliver within 30 days of Order finalization. Delays or split shipments do not entitle the Customer to refuse delivery or claim compensation.
5.5. If delivery is impossible (e.g., recipient absent), the Order will be held in storage. The Customer must contact KAPPA to schedule a new delivery.
5.6. If storage persists, goods will return to the Central Warehouse (Turin). A refund will be processed within 14 business days to the original payment method.
5.7. Where available, Customers may choose "In-Store Pickup" at participating Robe di Kappa stores. The Customer has 10 days to collect the Order. Failure to do so results in automatic termination of the contract and a refund.
6. Delivery of Products
6.1. The Customer must promptly verify that:
a. The number of Products matches the Order;
b. Packaging is intact and unaltered;
c. Products include the appropriate labels.
6.2. Irregularities must be documented with photographs and reported to KAPPA via the Platform form within 10 days of delivery.
6.3. If confirmed, the Customer may initiate a return, and KAPPA will refund the price.
6.4. Failure to report delivery-related issues within the timeframe waives the right to contest defects resulting directly from the delivery process.
7. Right of Withdrawal (Returns)
7.1. Pursuant to applicable law, the Customer has 30 days from receipt to exercise the right of withdrawal without justification. Once the online return procedure is completed, the Customer has 14 days to ship the Products.
7.2. Failure to ship within this period constitutes final acceptance of the Products.
7.3. To exercise this right, the Customer must access the dedicated return page on the Platform.
7.4. Return methods:
a. Via KAPPA's designated courier (cost borne by KAPPA);
b. Via a courier of the Customer's choice (cost borne by the Customer);
c. At a designated BasicNet group store in Italy.
7.5. The Customer will receive e-mail confirmation of the withdrawal.
7.6. Refunds include initial delivery costs, except in cases of partial returns.
7.7. Refunds are based on the actual price paid, including discounts.
7.8. Refunds are issued within 14 days of return confirmation via the original payment method.
7.9. If KAPPA detects a decrease in the value of the Products due to non-compliance with return conditions, it will notify the Customer of the amount to be deducted from the refund.
8. Product Warranty
8.1. KAPPA guarantees Products for a period of two years.
8.2. The Customer must prove the lack of conformity via images and a description of the defect.
8.3. Lack of conformity includes abrasions, unstitched seams, or cuts not caused by misuse. Minor differences in color tone, measurements, or materials that are not macroscopic do not constitute a lack of conformity.
8.4. If the claim is founded, KAPPA will collect the Product at its own expense and issue a full refund.
8.5. If no defect is found, the Product will be returned to the Customer at their expense, and no refund will be issued.
8.6. KAPPA is not liable for indirect or consequential damages arising from Product defects.
9. Intellectual Property Rights
9.1. All Products bear Trademarks owned by KAPPA.
9.2. All trademarks, images, and content on the Platform remain the exclusive property of KAPPA. Access to the Platform does not grant the Customer any rights over them.
9.3. Reproduction or modification of Platform content is prohibited without prior written consent.
10. Severability
10.1. If any provision of these General Conditions is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Communications
11.1. All communications regarding these General Conditions must be sent to customer@kappa.com.
12. Processing of Personal Data
12.1. Information regarding privacy and data processing can be found at: https://www.kappa.com/pages/Privacy-user.
13. FAQ
13.1. The FAQ section on the Platform clarifies the rules of these General Conditions.
13.2. In the event of a conflict between the FAQ and the General Conditions, the latter shall prevail.
14. Applicable Law and Jurisdiction
14.1. These General Conditions are governed by Italian law, specifically the Consumer Code.
14.2. Any disputes shall first be subject to an attempt at amicable resolution. Failing that, exclusive jurisdiction shall lie with the Court of the place of residence or domicile of the Customer.