1. Generalities

This contract (hereinafter referred to as the ‘Terms and Conditions of Sale’) regulates the offer to the public and the sale to the consumer on the Italian territory (so-called Business to consumer), as defined by art. 3 of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions, and specifically concerns only the products sold by Kura s.r.l., through the website www.kuraweb.it (hereinafter referred to as the ‘Site’), owned by Kura s.r.l. itself.

2. Identification of Producers and Seller

2.1. The products covered by these general conditions are displayed by the site operator, Kura S.r.l with registered office in Turin (TO), Corso Marconi, 2 (postcode 10125), P.I./C.F.11019260014, registered with the Company Registry of Turin REA No.: 1181470 , through its Site: www.kuraweb.it.

3. Definitions

3.1. The expression “on-line sales contract” refers to the purchase and sale contract relative to the Seller’s products, stipulated between the latter and the Purchaser within the scope of a remote sales system through telematic instruments, organised by the Seller throughout the national territory. 3.2. The expression “Purchaser” refers to the natural person consumer who makes the purchase, as referred to in this contract, for purposes that are not related to any commercial or professional activity carried out. 3.3. The expression “Seller” refers to the subject indicated in the epigraph or the information service provider or Kura s.r.l. 3.4. The term “Site” means the website www.kuraweb.it.

4. Subject matter of the contract

4.1. Hereby, respectively, the Vendor sells and the Purchaser purchases at a distance by means of telematic tools the tangible movable goods indicated and offered for sale on the website www.kuraweb.it 4.2. The products referred to in the previous point are illustrated on the web page: www.kuraweb.it, the characteristics of which must be scrupulously consulted when choosing and filling out the purchase order and, in any case, before the conclusion of the procedure for placing the order itself. 4.3.The Vendor specifies that the products offered for sale are manufactured and packaged in compliance with applicable laws and regulations and that the Purchaser is in any case required to carefully examine the directions for use, instructions and warnings relating to each product available on the Site before proceeding to place an order.

5. Arrangements for the conclusion of the contract

The contract between the Seller and the Buyer is concluded exclusively through the Internet by means of the Buyer accessing the address www.kuraweb.it, where, following the procedures indicated, he will formalise the proposal for the purchase of the goods.

6. Conclusion and effectiveness of the contract

The Purchaser must also have read and accepted the terms and conditions of sale of this contract and also given consent to the privacy policy, all before placing the order and before completing the order sending procedure 6.2. The purchase contract is concluded by means of the exact completion of the request form and the consent to the purchase manifested by means of the adhesion sent online with the completion of the form present in the “shopping cart” and the subsequent online sending of the form itself. 6.3. When the Seller receives the order from the Purchaser, it sends a confirmation e-mail. 6.4. The contract is not considered finalised and effective between the parties in the absence of what is indicated in the previous point.
6.5. The Purchaser is required to check the communications, immediately notifying the Seller of the existence of inconsistencies, errors and anything else that is anomalous or incomprehensible, to print the e-mail and keep it. 6.6. If the Purchaser does not receive the confirmation e-mail from the Seller within the term of 1 (one) day, he must contact the Seller using the references in the “Contacts” section of the Site.

7. Price

7.1. All sales prices of the products displayed and indicated on the site are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code 7.2. The sales prices referred to in the previous point are inclusive of VAT and any other taxes. 7.3. Standard shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the Purchaser placing the order and also contained in the web page summarising the order placed.
The Seller, in the event of delivery to inconvenient areas and/or with surcharges by the express courier, reserves the right to apply an additional flat-rate sum of euro 6, which will be requested separately in a separate payment. The complete list of municipalities that fall within the so-called inconvenient areas or with surcharges is available at http://www.dhlservizi.com/cap/index.php.
7.3. The Seller reserves the right to vary the prices of the products and the shipping costs contribution.
7.4. Any new prices shall be applied to sales made after their publication on the Site.

8. Payment, Refund and Security

8.1. Any payment by the Purchaser may only be made by means of one of the methods indicated on the relevant web page by the Seller under “payment methods”. 8.2. Any reimbursement to the Purchaser will be credited by means of one of the methods proposed by the Seller and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 12, of this contract, no later than 30 days from the date on which the Seller became aware of the withdrawal.
8.3. All communications relating to telematic payments take place on a PayPal line protected by an encryption system. The payment sends, in an encrypted and therefore secure manner, the card data to PayPal, which processes them (authorisation and accounting phases) providing a response page on the outcome of the transaction. The Seller is never aware of the Buyer’s credit card data, which are neither stored nor processed by the Seller. These data are received directly and exclusively by the banking institutions that authorise the payment and only communicate the outcome to the Seller.

9. Invoicing

Any invoicing will be carried out by Kura s.r.l., referred to in Article 2 above, and any invoice will be sent after payment, in electronic format pursuant to Presidential Decree 633/1972, to the e-mail address indicated by the Purchaser during registration. To this end, only the data necessary to proceed with invoicing shall be transmitted to said companies in compliance with Legislative Decree No. 196 of 30 June 2003 – (Personal Data Protection Code).

10. Delivery time and modalities

10.1.The Seller shall deliver the selected and ordered products via DHL throughout the national territory. 10.2. Shipping times may vary from the same day of the order to a maximum of 5 (five) working days. 10.3. In the event that the Seller is not able to deliver within the aforementioned term, the Purchaser will be promptly notified by e-mail. 10.4. In the event of a delay in delivery, the User is invited to contact the Seller and, in any case, to report any inefficiency detected.
10.5. Should the User’s data be incomplete or in any case inaccurate (so as to make the delivery of the purchased products impossible), the Seller shall contact the User before processing the order.
10.6. The Seller shall proceed to send the products, having prepared all the activities required by law for packaging and shipment. Should the products suffer visible damage due to transport, the Purchaser shall reject the damaged goods without having to open the packaging. This is without prejudice, in any case, to the right of withdrawal provided for in Article 12 below.
10.7. In the event of a business closure of more than 5 (five) working days, notice shall be given at the time of upload. During this period, orders may be subject to delays in processing and delivery.

11. Limitations of Liability

11.1. The Seller assumes no liability for inefficiencies attributable to force majeure in the event that it is unable to execute the order within the contractual timeframe.
11.2. The Seller shall not be held liable to the Purchaser, except in the case of fraud or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers.
11.3 Furthermore, the Seller shall not be liable for any damages, losses and costs incurred by the Buyer as a result of non-performance of the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any ancillary charges incurred.
11.4. The Seller assumes no liability for any fraudulent and unlawful use that may be made by third parties, of credit cards, cheques and other means of payment, for the payment of the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and on ordinary diligence.

12. Right of Withdrawal

Pursuant to Legislative Decree no. 206 of 06/09/2005 (Consumer Code) on the protection of consumers (i.e. natural persons acting in relation to this contract for purposes not related to their professional activity) in respect of contracts concluded at a distance, the purchaser has the right to withdraw from the purchase of goods within 14 working days from the date of delivery by sending a written communication to the supplier Kura srl, Corso Marconi,2 10125 Turin, by registered letter with acknowledgement of receipt. The communication may also be sent, within the same term, by telegram, telex, e-mail and fax, provided that it is confirmed by registered letter with acknowledgement of receipt within the following forty-eight hours; the registered letter shall be deemed to have been sent in good time if it is delivered to the accepting post office within the terms set out in the code or in the contract, where different. The acknowledgement of receipt is not, however, an essential condition for proving the exercise of the right of withdrawal. Should you exercise your right of withdrawal, you will also have to provide at your own expense for the return of the goods to Kura srl, Corso Marconi, 2 10125 Turin, (the date of the postmark of return shall be considered as the date of return) INTEGRA and NOT USED in your possession within 14 working days from the date of receipt of the product.
The purchaser is obliged to return the goods by insured parcel carriage paid; under no circumstances will cash on delivery or carriage forward parcels be collected.

13. Warranty and Reporting

The Seller guarantees that the products purchased on the Site are suitable for the use for which they are intended, that they conform to the description made by the Seller and that they are packaged in compliance with the applicable provisions of law and regulations.
13.2. Should the Purchaser nevertheless find undesirable effects not envisaged in the package leaflet accompanying the product or should he make any complaints of various kinds, he must promptly notify the Seller, in one of the following ways:
– using the ‘Contact’ form on the Site’s ‘Home Page’, or
– by sending a registered letter with acknowledgement of receipt to the following address:
KURA S.R.L.
Corso Marconi,2
10125 Turin – Italy

14. Arrangements for archiving the contract

Pursuant to Article 12 letter c) of Legislative Decree 70/03, the Seller informs the Buyer that each order sent is stored in digital and/or paper form on the server at the Seller’s premises in accordance with the criteria of confidentiality and security.

15. Privacy

The consent on the processing of personal data is given by the Buyer in the separate information notice specifically inserted within the Site.

16. Dispute settlement

Pursuant to Article 12 letter f) of Legislative Decree 70/03, the competent court for disputes relating to this contract is the court of the place of residence or elective domicile of the Consumer, which is the mandatory court pursuant to Article 33 paragraph 2 letter u) of Legislative Decree 206/2005 (the so-called Consumer Code).

17. Applicable Law

17.1 This agreement is governed by Italian law.
17.2. For all matters not expressly provided for herein, the rules of law applicable to the relationships and cases envisaged in this contract shall apply, and in particular, Article 5 of the Rome Convention of 1980, as well as on the basis of the various products advertised on the site, Legislative Decree. 21 May 2004 no. 169 (transposing Directive 2002/46/EC on food supplements); Law no. 713 of 11 October 1986 (transposing Directive 76/768/EEC on the production and marketing of cosmetic products); Legislative Decree no. 46 of 24.2.1997 on medical devices.
Furthermore, pursuant to Article 60 of Legislative Decree 206/2005, since this contract is concluded at a distance, the provisions contained in Part III, Title III, Chapter I of the same are hereby expressly referred to.
Information on medical devices
With regard to the products sold on this site (www.kuraweb.it), having the nature of medical devices, it is intended to specify that all content (text, images, photos, drawings, attachments, etc.) must in no way be understood as advertising material, but rather as content of an informative nature and aimed exclusively at making customers and/or potential customers aware of the products sold on this site. If any content is deemed to be of an advertising nature, please contact info@kuraweb.it. Kura s.r.l. will analyse the reported content and make any necessary revisions.

Privacy

Information pursuant to Legislative Decree no. 196/2003 Legislative Decree no. 196 of 30 June 2003 (‘Personal Data Protection Code’) provides for the protection of persons and other subjects with regard to the processing of personal data.
1. Data processing
In this regard, Kura Srl with registered office in Turin, Corso Marconi 2 – postcode 10125, P.I./C.F. 11019260014, registered with the Company Registry of Turin REA No.: FM 1181470, in its capacity as Data Controller, processes all personal data acquired in relation to the services offered, in full compliance with the laws and regulations in force regarding the protection of personal data, pursuant to the aforementioned decree.
In accordance with the aforementioned regulations, this processing will be based on the principles of correctness, lawfulness and transparency and the protection of your privacy and your rights.
Pursuant to Article 13 of Legislative Decree no. 196/2003, we therefore provide you with the following information:
A. The data you provide will be processed for the provision of goods and services, for informational, commercial and market research purposes.
B.The processing will be carried out using computerised methods. The personal data collected with this registration may be processed by persons in charge of processing who are responsible for managing the services requested and for marketing activities.
C.The personal data requested are processed by automated tools, on paper and entered into databases for the time necessary to achieve the purposes for which they were collected. For these purposes, the provision of data is therefore necessary since, without the data, it is not possible to carry out the services requested.
2. Compulsory completion of fields
The provision of data is:
A. compulsory in respect of the data identified as ‘compulsory fields’ and any refusal to provide such data will result in the registration not being carried out; this is because the data in question is of an identifying and integral value for the possible conclusion of the contract,
B. optional in respect of data not identified as ‘Mandatory fields’; failure to provide such data will not affect the conclusion of the contract.
3. Dissemination
The data may be disclosed as well as communicated in the pursuit of the above-mentioned purposes, and in connection with expressly expressed authorisations, to affiliated companies and/or business partners, be they private entities, associations, foundations, non-profit organisations, legal persons, partnerships or corporations, sole proprietorships, banks, customers.
In particular, the Data will be communicated to the manufacturers/owners of the products purchased, so that they can proceed to direct invoicing, as specified in the conditions of sale present and available on the site.
4. Owner
The data controller is Kura Srl with its registered office in Totino (TO), Corso Marconi 2 (10125), P.I./C.F. 11019260014, registered at the Reg. Imprese di Torino N.REA: 1181470
5. Navigation data
The computer systems and software procedures used to operate the www.kuraweb.it website acquire, during their normal operation, certain technical data whose transmission is implicit in the use of Internet communication protocols. This category of data includes IP addresses, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the user’s operating system and computer environment. This aggregate data (in anonymous form) is used for the sole purpose of obtaining monthly statistical information on the use of the sites and to check their correct functioning.
6. Cookies
The ‘cookie’, a small data file that some websites may send to the visitor’s address as they are visited, is used in www.kuraweb.it in order to track the visitor’s path and facilitate navigation in terms of accessibility and functionality.
If you prefer not to receive cookies, you can set your browser to warn you of the presence of a cookie and then decide whether or not to accept it. You can also automatically reject all cookies by activating the appropriate option in your browser.
7. Amendments to the Policy
This Information Notice may be subject to change over time, also in connection with the entry into force of new sector regulations, the updating or provision of new services or technological innovations, therefore, the user/visitor is invited to periodically consult this page
8. Rights of the persons concerned
You may exercise your rights vis-à-vis the data controller at any time, pursuant to Article 7 of Legislative Decree 196/2003, which we reproduce in full for your convenience:
Legislative Decree No. 196/2003,

Article 7 – Right of access to personal data and other rights

1. The data subject has the right to obtain confirmation of the existence or non-existence of personal data concerning him/her, even if not yet recorded, and its communication in intelligible form.
2. The person concerned has the right to be informed:
a) the origin of the personal data;
b) the purposes and methods of processing;
c) the logic applied in the event of processing by electronic means;
d) the identity of the data controller, data processors and the representative designated pursuant to Article 5(2);
e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representative in the territory of the State, as managers or appointees.
3. The data subject has the right to obtain:
a) the updating, rectification or, where interested therein, integration of the data;
b) the deletion, transformation into anonymous form or blocking of data processed in breach of the law, including data whose retention is not necessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in points a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, unless this proves impossible or involves a manifestly disproportionate effort compared to the right protected.
4. The data subject shall have the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys Turin, 30/09/2014