General Conditions of Sale
These General Sales Conditions (hereinafter “General Sales Conditions”) rule the product sales on the website www.bravekid.com.
The products purchased from the Website (hereinafter the “Products”) are sold directly by BRAVE KID SRL, with registered office in Marostica (VI), 14 via Fosse, Italy, Registration number in the Vicenza Business Register, Tax Code and VAT number 02792340248, Economic and Administrative Index: VI275040; share capital € 550,000.00 fully paid up, certified electronic mail address bravekid@legalmail.it (hereinafter the “Seller”).
By sending the purchase order, you are declaring that you have completely read and accepted the following General Sales Conditions.
1. PREAMBLE
1.1 These Sales Conditions rule the sale of the Products from the Website.
1.2 The Seller offers the Products on sale by means of the Website only to final users who are “consumers”, i.e. individuals who have no commercial, professional or entrepreneurial targets (hereinafter the “Customer”).
1.3 The sale of the Products on the Website is intended exclusively for persons who are of age.
1.4 The sale of Products on the Website refers exclusively to the countries indicated in the list of shipping countries on the relevant page of the Website, accessible via the Homepage.
1.5 The Seller reserves the right to provide for a maximum limit of Products, or types of Products, that can be purchased on the Website.
1.6 Therefore, the Seller is entitled not to execute orders either from subjects who are not “consumers” and/or " and/or minors, from countries not included among those indicated among the shipping countries or, in any case, to orders that do not comply with their commercial policy.
1.7 The General Sales Conditions don’t rule the supply of services or the sale of products from subjects who are not the Seller even if they are present on the Website by means of links, banners or other hypertextual connections. It is the Customer’s responsibility to check the sales conditions before sending an order and purchasing products and services from other parties who are not the Seller. Therefore, the Seller is not responsible for the sales of goods and/or the supply of services from third parties and/or for the conclusion of agreements between the Customer and third parties.
2. PURCHASE ORDER OF THE PRODUCTS
2.1 To order one or more Products on the Website, the Customer must select the Products he/she intends to purchase and then add them to the shopping cart. Once the selection of the chosen Products has been completed, the Customer must continue with the checkout via the shopping cart web page, fill in the order form in the electronic format, according to the relative instructions, and send it to the Seller.
2.2 The languages available for the conclusion of the purchase order are indicated, for each country, in the section relating to the shipping countries accessible via the Website's Homepage.
2.3 The purchase order of the Products can be made by the Customer both through his/her personal account, if registered on the Website, and through the guest user mode, providing, in this case, the required personal information to proceed with the execution of the order.
2.4 The order form contains a reference to these General Sales Conditions and a summary relevant to the essential characteristics of each ordered Product and its price (including taxes or applicable fees), the payment methods, the methods of delivery the purchased products, the shipment and delivery costs, the conditions to follow for the right of withdrawal and the methods for returning the purchased Products.
2.5 Before purchasing the Products and sending the order form, the Customer should carefully read these General Sales Conditions and Customer should also be able to print, be familiar with or copy them for his/her personal uses. By sending the order form, the Customer declares that he/she understands and accepts its contents as well as the General Sales Conditions and the Conditions of Use of the Website. The order won’t be executed if these contents are not fully accepted.
2.6 Before submitting the purchase order form, the Customer should review the details of the order, as well as identify and correct any data entry errors.
2.7 When the Customer forwards the order form, it implies the Customer’s obligation to pay the amount indicated in the order.
2.8 The presence of the Products on the Website should be understood as an invitation to offer by the Seller. The sending of the purchase order by the Customer to the Seller is valid as a purchase proposal for the individual Products listed in the order.
2.9 Upon receipt of the purchase order, the Seller will email the Customer a receipt of the purchase order that will contain a summary of the General Sales Conditions, the information relating to the essential characteristics of the Products and the price details (including all applicable taxes or duties), payment methods, conditions and methods of exercising the right of withdrawal and delivery costs. This e-mail is an automatic confirmation of order receipt and does not imply the acceptance by the Seller of the Customer's purchase order.
2.10 The Customer's purchase order is accepted by the Seller when the Seller sends an e-mail confirming the shipment of the ordered Products.
2.11 The Seller is entitled to refuse a purchase order. That can occur, for example, if the Products are not available or if the orders are incomplete or incorrect or that don’t give enough guarantees of their solvency or if the orders don’t comply with the Seller’s commercial policy and/or the General Sales Conditions. In these cases, the Seller will immediately inform the Customer by email, and, in any case, within 30 days from the day the order was sent to the Seller. The Seller will let the Customer know the contract was not completed and the order won’t be executed. If the Customer has already sent the purchase form and paid for the items, the Seller will reimburse the paid amount.
2.12 The order form will be filed in the Seller's database for a period of time necessary to process the orders and, in any case, in compliance with the law. The Customer, if registered on the Website, will be able to view the orders placed by accessing his/her personal account and then by consulting the appropriate section of the Site. The Customer who made the purchase as a "guest" user can check the orders placed by contacting the Customer Service as given in paragraph 11 "Customer Service" of these sales conditions.
2.13. With respect to selected Products, a pre-order option may be made available to the Customer before such Products are actually available for purchase on the Site itself or in other outlets (both physical and online). In this way and while stocks last, based on the pre-order order the Customer is granted priority on the purchase of the pre-ordered Products. The Customer may add the Product on pre-order to the cart and subsequently submit the purchase order in the manner provided in Article
2.14. Upon receipt of the purchase order, the Seller shall send the Customer a communication confirming the reservation of the Product on pre-order. When the Product selected on pre-order is made available on the Site, a new communication is subsequently forwarded to the Customer, containing the information referred to in Article 2.9.In accordance with the provisions of Article 2.10, the purchase order relating to the Product on pre-order is deemed accepted by the Seller with the sending, by the latter, of the e-mail confirmation of the successful shipment of the Products that may have been pre-ordered.
2.15 At the time the purchase order is submitted, the Customer is notified of an estimated delivery date for the pre-order Product. The Customer acknowledges the fact and accepts that the estimated delivery date, being Product not yet available for sale to the public, may be subject to change. The delivery period referred to in Article 6, in case of purchase of the Product in pre-order mode, shall in any case run from the time when the Product has been shipped.
2.16 The Customer may cancel the order of the Product booked in pre-order, until the moment of its shipment (communicated in the manner set forth in Article 2.13 above). Thereafter, the Customer may withdraw from the contract concluded with the Seller in the manner provided for in Article 6 below.
2.17 With reference to Products purchased by pre-order mode, payment for the Product, shipping and other charges that may be applicable is processed only when the Product is shipped.
3. CHARACTERISTICS OF THE PRODUCTS
3.1 The essential characteristics of the Products sold by the Website are given in each Product chart. The images and the colors of the Products on sale might not correspond exactly to the real ones due to the Internet browser and/or the available monitor.
3.2 Each Product is sold on the Website with its identification tag, which is an integral part of the Product itself.
4. PAYMENTS
4.1 The prices of the Products indicated on the Website are expressed in euros (€) and include all applicable taxes and fees. The prices of the Products, on the other hand, do not include shipping and delivery costs which will be clearly indicated at the beginning of the Product purchase procedure.
4.2 The prices of the Products may be subject to variations. The Customer, therefore, should check the final sale price before sending the relative order form.
4.3 The payment methods can be found on the Payments and Security page of the Website, as well as indicated in the single purchase order form, and they are an integral part of the General Sales Conditions.
4.4 The purchase price of the Products and the shipping costs, as indicated in the order form, will be charged after the Customer has sent the purchase order and before the Products are shipped by the Seller.
4.5 If the payment is by credit card, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website.
4.6 If the Product is delivered to a country belonging to the European Union, no customs clearance costs, such as import taxes and/or duties, should be due.
If the delivery is to a country outside the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, which will be borne by the Customer, except where otherwise specified in the Website.
5. DELIVERY OF THE PRODUCTS
5.1 The delivery of the Products ordered on the Website is carried out by express delivery. The costs, methods and delivery time of the Products are given in the Shipment page and in each purchase order form and they are integral part of the General Sales Conditions.
5.2 The delivery time of the Products of the Website are just an indication and include only working days, but not bank holidays.
5.3 The Customer shall place the order directly from the Website page of the country identical to the delivery address. The Website should be able to automatically recognize the country from which the Customer is accessing the website, but it is possible to change the country of reference of the Website through the list of shipping countries on the relevant page of the Website.
Those orders carried out in a country different than the destination country or to an address that is not accepted by the Seller’s courier (such as PO box and undressed mail) will be automatically deleted.
6. RIGHT OF WITHDRAWAL
Exerting the withdrawal right
6.1 The Customer is entitled to withdraw from the agreement concluded with the Seller without any penalty and without giving any reason, within 30 working days from the day he/she has received the Products purchased from the Website.
6.2 To exert the right of withdrawal, the Customer can send a communication where he/she writes his/her decision to withdraw from the contract and gives his/her personal details (name, surname, address and e-mail), the order date and the date when the Products were received, the order number and the purchased Products. The Customer can use the withdrawal form contained in the received parcel or the withdrawal form given in Attachment I, part B, of the Law Decree 21st February 2014, no. 21 (both forms are not compulsory). In any case, the notice of withdrawal must be sent to the Seller at the contacts indicated in the paragraph "Customer Care".
6.3 If the right of withdrawal is exercised, the Product cannot be replaced with another one; the Customer will have to place a new order to purchase a new Product.
6.4 The Customer is responsible for the decrease in the value of the Products resulting from the manipulation of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves.
6.5 The Seller reserves the right to not proceed with the withdrawal procedure if the Products are returned without the identification tag.
6.6 The right of withdrawal cannot be exercised in the following cases:
• tailor-made or customized Products;
• sealed Products that cannot be returned for hygienical or healthy reasons and that have been opened after the delivery;
• sealed audio or video recordings or sealed computer software that have been unsealed after delivery.
Time and methods of returns
6.7 The Products subject to withdrawal must be returned to the Seller. To proceed with the return, the Customer must return the returned Products within 30 days days after receiving the shipment (days are calculated from the date of proven delivery and include holidays). The Customer must send the returned Prodcuts to BRAVE KID SRL - at Via Fosse n. 14, 36063 - Marostica (VI), along with the return label contained in the received parcel.
6.8 Except where otherwise provided for the individual shipping countries, the payment of the direct costs of returning the Products is charged to the Customer.
6.9 It is recommended, if possible, to return the Products inside the packaging sent by the Seller with the identification tags and labels present at the time of delivery.
Time and method of reimbursement
6.10 After returning the Products, the Seller will check that they comply with the conditions and terms given in paragraph 6.
6.11 If the checks are positive, the Seller will send the Customer, by e-mail, the confirmation that the returned Products are accepted and will reimburse all the amounts received by the Customer including the shipment expenses. The Seller will not reimburse the extra shipment costs if the Customer has chosen a delivery different from the less expensive delivery method that is offered by the Seller.
6.12 Despite the payment method chosen by the Customer, the reimbursement is carried out by the Seller after checking the correct execution of the withdrawal right and in the shortest time possible and within fourteen (14) days starting from the day that the Seller receives the return communication. The reimbursement may be suspended by the Seller until the Products are received or until the Customer demonstrates that he/she has returned the Products, whichever is earlier.
6.13 The Seller will reimburse the Customer by using the same method that the Customer has used for the purchase unless it is agreed differently. If there is not a correspondence between the recipient of the Products and the person who paid for the purchase, the Seller will reimburse the person who carried out the payment, unless it is agreed differently.
6.14 If the procedures and terms for exercising the right of withdrawal are not followed, as specified in this art. 6, the Customer will not be entitled to a reimbursement of the amounts already paid to the Seller; however, the Customer may, at his/her own expense, obtain the Products in the state in which they were returned to the Seller.
For more information and instructions on how to process returns and refunds for orders placed before 02/28/2023, see the Returns page.
7. LEGAL GUARANTEE OF CONFORMITY
7.1 In addition to the guarantee for defects in the goods sold, the Seller will provide the legal guarantee of conformity on the products in accordance with the provisions of Title III of Part IV of Legislative Decree no. 206 (so-called Consumer Code). This guarantee provides that the Seller is responsible for any lack of conformity on the products sold that occur within 2 (two) years from the delivery of the products.
7.2 Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 (six) months from the product delivery already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
7.3 To take advantage of the guarantee of conformity, the Customer, under penalty of forfeiture, must report any defect in the product purchased from the Seller within 2 (two) months of its discovery. The direct action to assert a lack of conformity not intentionally concealed by the Seller is prescribed, in any case, within 26 (twenty-six) months from the delivery of the product.
7.4 In the event of a lack of conformity reported within the established terms, the Customer can ask the Seller either to repair the good or replace it, in both cases without incurring any expense, unless the requested remedy is objectively impossible or excessively onerous compared to the other. The Customer may also request either an appropriate reduction in the price or the termination of the contract in cases where the repair and replacement are impossible or excessively onerous, where the Seller has not repaired or replaced the goods within a reasonable time or where the replacement or repair previously carried out have caused significant inconvenience to the Customer.
7.5 In order to take advantage of the guarantee of conformity, it is recommended to keep and show the product purchase documents. For more information on the legal guarantee of conformity for consumers as well as to take advantage of the remedies provided for by the legal guarantee in relation to the products purchased from the Seller, the Customer can contact the Customer Care.
8. PRIVACY
8.1 The Customer might get information relevant to the processing of personal data entering the Privacy Policy.
9. APPLICABLE LAW AND RESOLUTION OF DISPUTE
9.1 The General Sales Conditions are ruled by the Italian law and, in particular, by the provisions of the law decree dated 6th September 2005 no. 206, the “Consumer Code”, with reference to the provisions relevant to distant contracts and the law decree dated 9th April 2003 No. 70 relevant to same aspects of electronic commerce, except where otherwise and mandatorily provided by the law applicable in the country where the Customer is resident or domiciled.
9.2 In the event of dispute between the Seller and the Customer arising from the General Sales Conditions and with reference to the sales made in the European Union territory, the Customer can enter the platform for the resolution of an online dispute provided by the European Commission from the link https://webgate.ec.europa.eu/odr
9.3 Except for the cases provided for by art. 9.2 above, the court competent to decide any dispute arising from the application of these General Sales Conditions or from the execution of the order will be determined as follows:
- the court where the Customer resides or has elected domicile;
- the Court of Vicenza, where the law applicable in the country where the Customer is resident or domiciled allows it.
10. CHANGES OF THE GENERAL SALES CONDITIONS
10.1 These General Sales Conditions can also be modified by the Seller in the event of changes in the regulations. The new General Sales Conditions will be valid from the day on which they are published on the Website. Therefore, the Customers should visit the Website regularly and check the latest version of the General Sales Conditions before purchasing any product.
10.2 The General Sales Conditions applicable to every agreement concluded by means of the Website are those that are valid on the day when the purchase form is sent.
11. CUSTOMER CARE
11.1 For assistance on the Products, more information, suggestions, complaints and/or further requests, the Customer can contact the Manager's customer service at any time by completing the Contact us form or writing to:
by e-mail: customercare@bravekid.com;
by mail: BRAVE KID SRL with registered office in Marostica (VI) Via Fosse n. 14, ZIP Code 36063.
Continuing with the order, I declare that I accept the Sales Conditions.
**Model of Withdrawal Form
- pursuant to art. 49, paragraph 1, letter h) of the Law Decree 6th September 2005 no. 206 –
(complete and send this form only if you want to withdraw from the contract)
BRAVE KID SRL
At Via Fosse n. 14, 36063 – Marostica (VI),
telephone: +39 366 6184270
email: customercare@bravekid.com.
- herewith I/we (*) communicate the withdrawal from my/our (*) sales contracts of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of the Customer/s
- Address of the Customer/s
- Signature of the Customer/s, (only is a hardcopy of the form is sent)
- Date
(*) delete the useless words
