CONDITIONS OF SALE

This document provides the general sales and on-line payment conditions via the website corresponding to the domain name www.theclutcher.com (“Site”) owned and managed by iKRIX SPA., with headquarters Via Gian Domenico Cassini, 12 F/R - Genoa (Italy), VAT and tax code T02225200993, Genoa Business Registry number GE-470089.

These general conditions (hereinafter referred to as “General Conditions“), unless otherwise specifically agreed in writing, regulate the relations between iKRIX SPA for The Cluther website. (hereinafter referred to as “THE CLUTCHER”) and the customer, consumer or professional (hereinafter referred to as “Customer”).

The following necessary conditions must be met to make purchases on our site:

  • You must be over 18 years of age
  • You must possess a personal and valid e-mail address
  • You must meet the requirements to legally access and stipulate binding contracts
  • You must possess a credit card for certification and payment: American Express, Visa, Master Card, PayPal, or a Current Account to send Wire Transfers.

The Site is exclusively intended for users who are "end consumers" meaning any natural person who navigates the Site for reasons not referable to their any potential sales, business or professional activities.

Closing a Contract

  1. To complete the purchase of one or more production on the Site, you can

(a) register as a user, consequently accepting all sales clauses,

(b) complete the purchase without registering.

In order to complete the purchase, the user who decides to register an account (option a) must follow the standard procedure that includes the following three steps:

  1. Click the top right of the "My Settings" menu and then on the "Register" link (once the account is created, the user can enter the site using the "Login" link);
  2. Enter your name, surname, country, e-mail address and password in the registration sheet. The user must fill out the password confirmation section to ensure that the password is correct;
  3. The user will have completed account registration by clicking on Register.

With a personal account the user can:

  • Manage personal account information
  • Make purchases
  • Track orders and review past purchases
  • Save an address to speed up purchases

If the user does not wish to register on the site (option b), s/he can still make purchases: in this case, only the data required to complete the order are necessary and the e-mail address will be automatically registered to receive our newsletter (see following article 33 concerning privacy).

Next, the order form must be filled out on the Site, following the on screen instructions that will be automatically sent to Customer Care. This form contains a summary of the information on the essential features of each ordered product, price, taxes and duties, payment, shipping methods and costs, conditions for cancellation rights and purchased product return procedures/timeframes. Before final product purchase, the user is required to accept these General Sales and site use conditions and to check entered data, correctly them when necessary. The user who does not agree to any article in the General Use Conditions and General Sales Conditions should not complete the order form to purchase products on the Site. By filling out the order on-line, the customer states to have read all instructions provided during the purchase procedure and to fully accept the following General Conditions.

After verifying successful payment, valid personal data and shipping as well as ordered product availability, THE CLUTCHER shall consider the order accepted and will send order confirmation with all the relevant information via e-mail. Contracts stipulated between THE CLUTCHER and the customer must be considered closed with order acceptance by THE CLUTCHER and, in any case, subject to relevant payment collection.

  1. After completing the on-linepurchase procedure, the customer shall print or save an electronic copy and keep these General Conditions and, if the customer is a consumer, also according to that foreseen in articles 52 and 53 of Legislative Decree nr. 206 dated September 6, 2005 (“Lgs. D. nr. 206/2005”).

Purchase method

  1. The customer can only make on-linepurchases for the products found in the electronic catalogue published on the site (“Products”) and indicated as available when the order is placed, as described in the relevant information sheets viewable therein. It is understood that the sizes, weights, dimensions and performances indicated in the information sheet are approximate values and that the image accompanying the production description sheet cannot be identically representative of its real features due to the Internet browser, monitor used or other reasons not attributable to THE CLUTCHER but may differ in colour, size, components and/or accessories displayed in the illustration.
  2. The receipt and acceptance of the order is confirmed by THE CLUTCHER via e-mail, sent to the e-mail address communicated by the customer upon site registration or when filling out the electronic order form. This confirmation message will indicate the date and time the order was received and a "Customer Order Number" to be used for any further communications with THE CLUTCHER. THE CLUTCHER's message will contain a summary of the order placed, all the data entered by the customer and the General Conditions. The customer agrees to check the correctness and promptly communicate any corrections following the procedures described in the message. Confirmed and/or filled orders cannot be changed in any way. Additional orders placed shall be processed and shipped separately.
  3. The assortment published on the site reflects the exact real availability of each item, by size and colour, since the website is linked to all the warehouses where the displayed items are stocked and all availability data is updated in real-time. THE CLUTCHER, after receiving the customer order request, reserves the right to confirm purchased item availability as check the transaction validity via credit card and the details of previous transactions made by the customer on the site. Should ordered items not be available or THE CLUTCHER not able to fill the customer order for any reason, THE CLUTCHER shall immediately inform the customer via e-mail. Specifically, in the event products are no longer available, or on sale at last site login (or when the order form is sent) but no longer available, THE CLUTCHER shall promptly or, in any case, within thirty (30) days from the day after the order was sent, communicate the unavailability of ordered products.

Should the contract that has already generated a payment by the customer not be closed for any reason, THE CLUTCHER shall immediately reimburse amounts paid by the customer.

  1. We do not offer price adjustments on order placed before sales and promotions.

Amount due and Currency

  1. The amount due for the purchase of the products is the one displayed to the customer directly by THE CLUTCHER via the site whose total amount is summarised in the cart, including VAT
  2. The customer shall pay for the products purchased on-lineusing one of the methods chosen when placing the order. No amounts other than the order total indicated at the end of the purchase procedure shall be due from the customer. Should the order be accepted for products to be shipped outside Italy, the cost of the ordered products will be increased - in addition to shipping costs - by taxes, if required by the laws in force in the country of destination of the purchased products.
  3. The official site currency is Euro. For countries not in the Euro zone, the exchange rate depends on the daily rates applied by the credit card issuer or payment form used (i.e.: PayPal). Payments and all cash transactions are in Euro. Prices and exchange rates with other currencies other than Euro are only approximate to help the user to have a greater perception of values: product prices thus may be subject to updates and are subject to taxes in force in any case. The amount to be charged to the customer's credit card or PayPal account may vary from the one indicated in the order since based on exchange rates subject to daily fluctuations and bank commissions. iKRIX S.P.A. recommends customers contact their banks to request further information on exchange rates and bank commissions concerning their transactions. The user must always check the accuracy of the final sales price before sending the relevant order form.

Payment methods

Product purchased according to these general conditions can only be paid using one of the following methods: credit card, wire transfer, PayPal (www.paypal.it).

1Credit card

(a) For product purchases paid with credit card, the reference bank shall only authorise the coverage of the amount concerning the purchase at the end of the on-line purchase process. The amount concerning the filled order, even partial, will be only be charged to the customer's credit card upon communication, by the carrier employed by THE CLUTCHER, of successful delivery of the ordered product.

Lack of carrier communication or should communication not be required for certain shipping methods, THE CLUTCHER - not able to verify the exact ordered product delivery date with certainty - reserves the right to charge the amount to the customer's credit card on the day the ordered product(s) are shipped.

(b) In the event of customer cancellation, pursuant to Legislative Decree no. 206/2005, or THE CLUTCHER's failure to accept the order, THE CLUTCHER shall immediately request the cancellation of the transaction and release of any guaranteed amounts. Clearance time, for some types of cards, exclusively depend on the banking system and may even reach their natural expiration (currently the 24th day from authorisation date).

(c) THE CLUTCHER reserves the right to charge the amount of the order placed by the customer on the latter's credit card to avoid the expiration of the transaction authorisation as foreseen in previous paragraph (b).

(d) THE CLUTCHER reserves the right to request additional information of the customer (i.e.: telephone number or identification data) or a copy of documents proving ownership of the credit card used. The customer is aware that - in the event the requested documentation is not sent - the order may not be accepted.

(e) At no point in the purchase procedure is THE CLUTCHER able to know and record information concerning the customer's credit card, transmitted via protected connection (encrypted protocol) directly to the bank institution that manages the transactions without any passage through servers and databases owned by THE CLUTCHER or other third parties other than the bank. The electronic payment transaction is completed by re-routing the customer to a page off the THE CLUTCHER site, directly managed by the bank institution chosen to manage on-line payment services. At the end of the electronic payment transaction the customer will be automatically taken back to the THE CLUTCHER site where view the successful transaction results.

Due to that stated in the previous chapter, no THE CLUTCHER computer archive will save this data, neither upon transaction nor later. In no case may THE CLUTCHER be held liable for any fraudulent or undue credit card use by third parties upon payment for products purchased on the site.

In order to guarantee greater protection for purchases made online, iKRIX SPA. recommends customers use Verified By Visa or Mastercard Securecode services, requesting a PIN security code to made purchases in total security. For further information, please visit: www.cartasi.it

(f) For customer payments via credit card, THE CLUTCHER cannot be held liable for transaction results, which exclusively depend on the third party on-line payment service provider and who, in any case, is selected from the leading sector providers on the national level.

(g) The customer is aware that the purchase order and payment are sent via electronic networks and communication services whose correct operations are not under THE CLUTCHER's control and for which THE CLUTCHER cannot be held liable in any way.

2. Wire transfer

(a) For products paid via wire transfer, the customer order confirmation - sent via email by THE CLUTCHER according to the indications in previous article 4 - indicates the bank details to be used for payment. In this case, products ordered by the customer shall be reserved awaiting the credit of the corresponding amounts on THE CLUTCHER's current account.

(b) The customer must send THE CLUTCHER - within 24 hours of order confirmation receipt via fax to +39 0422 598719 or via email to customercare@theclutcher.com - a copy of the wire transfer order in favour of the latter inclusive of cro number. In lack of receipt of the wire transfer order copy within the mentioned 24 hours, THE CLUTCHER shall no longer be bound to guarantee ordered product availability and order shipment will depend on actual availability upon receipt of the credited amount.

 (c) Bank transfer must be made within 3 working days from registration of the order. If we do not receive the payment or the accountant within this period of time, we will proceed to cancel the order.

 (d) The customer order will be shipped once THE CLUTCHER receives credit of the corresponding order total on its current account.

3. Payment via PayPal

(a) For payments via PayPal, the customer may directly pay for the order using a verified PayPal account. THE CLUTCHER would like to inform you that only payments made and from verified accounts will be accepted and reserves the right to ship products ordered by the customer to the address indicated in the PayPal verified account.

(b) Product order payments from unverified PayPal accounts shall be cancelled and, consequently, not filled by THE CLUTCHER.

Shipping methods and fees - Billing

  1. Ordered products will be shipped to the address indicated by the customer upon site registration or - if different - to the address indicated in the relevant order, preferably in Italy. The customer is aware that the request to deliver products outside Italy may force THE CLUTCHER to not accept the order. We do not ship to PO boxes or post office. All orders to these addresses will be automatically deleted.

Order delivery status will be viewable to the customer via site login and consultation of the reserved area in the specific section containing the customer's purchase history on THE CLUTCHER.

  1. For each order placed on the website, THE CLUTCHER shall issue a non fiscal document for EU or an invoice for Extra EU,  sending it to the order holder via e-mail, as per art. 14 Presidential Decree 445/2000, and in the package containing the products. The information provided by the customer in the order form and upon site registration will be used for the documents and preparation purposes. No changes may be made to data once the documents are issued.
  2. Delivery fees, as indicated on the site and in the order text, are at the customer's expense. Please see the "Shipping information" sector for further details.
  3. Orders will be shipped from Monday through Friday. Orders placed on Saturday and Sunday or any other holiday or pre-holiday shall be processed by THE CLUTCHER starting from the first business day following the date the order was placed.
  4. Ordered products will be delivered to the customer in custom “The Clutcher” packages to product the packaging originally included by the manufacturer and entrusted to a specifically assigned carrier. The customer will be communicated the name of the carrier as foreseen on the site. THE CLUTCHER cannot be held liable for any delivery delays.
  5. The customer can check order and shipping status at any time in the reserved site area or by using the selected carrier's link , entering the "Customer Order Number" assigned at order confirmation with the ‘Track Change Number’ (or similar tool) assigned to each shipment.
  6. THE CLUTCHER's contract obligations with the customer are considered met when and where the products purchased by the latter are delivered by THE CLUTCHER to the carrier selected for shipment.

The delivery of the ordered product by the carrier is considered to the customer's street level unless otherwise communicated by Customer service.

  1. Upon delivery of the purchased product by the carrier, the customer should check:
  • that the number of packages delivered matches the number indicating in the shipping document sent via e-mail
  • that the packaging is integral, not damaged, nor wet or otherwise altered, including sealing materials (adhesive tape or metallic staples).

Any damages to the packaging and/or product or discrepancies between the number of packages or indications must be immediately reported by the customer, indicating WITH WRITTEN CONTROL RESERVES (SPECIFYING THE REASON FOR THE RESERVES, i.e.: "torn packaging", "crushed packaging", etc.) on the carrier's shipping bill. Once the courier’s document is signed without any reserves specified on the shipping bill, the customer can no longer make claims on the exterior features of that delivered.

  1. In the event the product held in deposit at the carrier's warehouse, due to the reiterated impossibility to deliver the package at the address indicated by the customer in the order, is not picked up within 5 business days, the ordered product will be returned to the THE CLUTCHER warehouse.

Customer's right of rescission

  1. Pursuant to art. 64 of Legislative Decree nr. 206/2005, the customer who is qualified as a consumer has the right to rescind from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and according to the procedures described in the following articles.

Should the provided terms and methods not be followed when exercising the right of rescission, as specified in this paragraph and following articles, the customer forfeits the right to reimbursement of amounts paid to THE CLUTCHER; the customer may, in any case, re-obtain the products in the conditions in which they were returned to THE CLUTCHER at his/her expense. Otherwise, THE CLUTCHER may keep the products in addition to the amounts paid for their purchase. 3 months from the date in which the products were made available to the customer for pick up, products will be destroyed or, in any case, sent to disposal without any further communication or consent request with the customer.

  1. To exercise the right of rescission as per previous article 19, the customer must send THE CLUTCHER a communications on this topic, within 10 business days from the date of receipt of the products for which the customer intends to exercise the right of rescission. This communication, written as per legal instructions (see specific form that can be downloaded in the reserved area) must be sent via registered letter to iKRIX SPA – The Clutcher Customer Service – Via Gian Domenico Cassini, 12 F/R- 16149 Genova (GE) - E-mailcustomercare@theclutcher.com, forwarded via e-mail or fax PEREMPTORILY within the 24 hours following delivery of the registered letter and, in any case, within the abovementioned 10 business days of the date the ordered products are received.
  2. Once the abovementioned communication of rescission is received, the customer will be quickly provided with instructions on return procedures, assigning a unique RMA (Return Merchandise Authorization) code to return the product(s), which must be peremptorily returned in the packaging initially used for the delivery, to the address and with the carrier specified in the RMA. In order for THE CLUTCHER to accept rescission, the customer must print and enclose the unique RMA return merchandise authorisation acceptance document previously received from THE CLUTCHER with the shipment.

The returned product must be received by THE CLUTCHER within 10 days from the date the customer receives the RMA authorisation communication sent by THE CLUTCHER. For this reason, the post mark or carrier's stamp will apply.

  1. The purchased product must be returned integral, not used, nor washed or otherwise altered, complete with all its parts, accompanied by its associated control label or any disposable seals and in the original packaging (including original packaging and boxes, and any accessory materials such as, for example, dust bags, hangers and garment covers) as originally sealed by the manufacturer. To limit damages to the original product packaging, please insert it in the box in which the goods were initially shipped, affixing the label provided by THE CLUTCHER indicating the RMA number (return merchandise authorisation code); affixing labels or adhesive tape directly on the original product packaging should be peremptorily avoided in all cases.
  2. Return is free for all EU Countries. For the extra-EU Countries, product return shipping fees are at customer's expense; delivery fees to the customer and any accessory fees and/or taxes and/or customs duties indicated upon order shall not be reimbursed to the customer. For the extra-EU Countries, the customer is solely and fully liable for shipping until confirmed receipt at the THE CLUTCHER warehouse.
  3. The right of rescission is exclusively applied to the product purchased in its entirety; thus, the right of rescission cannot be exercised for only one or more parts of the purchased product. For orders including several products, the right of rescission can be exercised for one or more products in the order, specifying the description of the products to be returned in the rescission communication, as per previous article 20. For rescission for an order with more than one product, returns must be sent to THE CLUTCHER in a single shipment. In fact, THE CLUTCHER reserves the right to not accept items from the same order, returned and shipped at different times.

In the event of products damaged during transport, THE CLUTCHER shall inform the customer of the event (within 3 business days of product receipt at their warehouse), to allow the customer to file claims with the carrier or shipping agent and obtain reimbursement for the product value (if insured); in this case, the product shall be made available to the customer for returns, simultaneously voiding the rescission request.

THE CLUTCHER is not liable for product damages or theft/loss in any way.

Upon arrival at the THE CLUTCHER warehouse, the product will be inspected to evaluate any damages or tampering not due to transport. Should the product(s) labels and/or stickers (both those sewn on the product and those usually removed before product(s) use), the packaging and/or original package (including any additional accessory packaging material) be ruined, THE CLUTCHER shall withhold a percentage from the reimbursement due not over 10% of the product value as contribution for repairs.

  1. Except for shipping fees, taxes and any customs duties incurred to deliver purchased products and repair expenses withheld as contribution to repair confirmed damages to original packaging, THE CLUTCHER shall reimburse the customer the amount already paid to purchase the product as quickly as possible and, in any case, within 10 working days of the date of receipt at the THE CLUTCHER warehouse. For credit card payment, by refund procedure of the amount charged to the credit card or via wire transfer. In the latter case, the customer must promptly provide bank details for the refund (ABI - CAB - IBAN - Current account number and invoiced customer's bank).

Should the product addressee indicated in the order form not match the individual who paid the amounts due for their purchase, in the event the right of rescission is exercised, THE CLUTCHER shall reimburse the amounts to the individual who made the payment in any case.

If the customer paid COD by bank cheque or cashier cheque, THE CLUTCHER will reimburse the amount to the customer, net of any repair fees, via wire transfer, to the account indicated by the customer within the terms described above, both in the event the amounts were not yet collected by THE CLUTCHER and in the event amounts were already collected.

The actual time required to refund or reimburse amounts paid to purchase products depends on the payment method used:

  • purchase with credit/debit card: refund time depends on the credit/debit card, normally within two account statements
  • purchase via wire transfer: the refund is credited on the current account that sent the wire transfer
  • purchase via PayPal: the PayPal account is refunded and immediately visible when THE CLUTCHER accepts the return. Actual refund on the PayPal account finally depends on the credit card issuer, but this normally occurs within 30 days.
  1. The customer forfeits the possibility to exercise the right of rescission, for failure to meet of essential product integrity conditions (packaging and/or its content), in the event THE CLUTCHER ascertains:
  • the even partial use of the product and any accessories:
  • the lack of original external and/or internal packaging;
  • missing supplementary product elements;
  • missing control label attached to the product or other disposable seals;
  • product damages due to causes other than transport.

In these cases, the products will remain in deposit at the THE CLUTCHER warehouse, available for customer pick up at his/her expense and liability.

EXCHANGES

If the item ordered is not the right size, you must return the product and order another size or another item.

Warranties

  1. All product sold through the site are covered by the manufacturer's warranty for apparent defects, for 12 months in the event the customer is a professional (and, as such, VAT number holder) and 24 months in the event the customer is a consumer, as set by Legislative Decree nr. 206/2005.
  2. The manufacturer's warranty is provided in the manner prescribed by law.
  3. The warranty applies to the product that has an apparent defect, provided the product is correctly used, as per its intended use and that foreseen in the enclosed documentation. In the event of apparent defect, THE CLUTCHER shall restore product conformity through repairs/replacement or reduce the price or cancel the contract without charging the customer. If, following a THE CLUTCHER inspection, the fault is not an apparent defect, the customer shall be charged any inspection and repair costs, where applicable, as well as transport costs if sustained by THE CLUTCHER.

In the event of return due to factory or shipping defect, shipping costs will only be sustained by THE CLUTCHER if our suitably indicated reference carrier is used for this purpose.

  1. Should, for any reason, THE CLUTCHER not be able to return a product under warranty to the customer (repaired or replaced), at its discretion is may refund the amount paid taking into account product use or replace it with a product with the same or superior characteristics.
  2. Defective product repair or replacement time exclusively depend on the manufacturer's policies and no claims can be filed against THE CLUTCHER for any repair or replacement delays.
  3. In the event the warranty requires the product to be returned, it must be returned by the customer in its original packaging, complete with all its parts (including packaging, accessory packaging material and any documentation and accessories). In order to limit damages to the original packaging, THE CLUTCHER recommends you insert in in the box set with the initial shipment.

Privacy

  1. THE CLUTCHER shall protect the data of its customers and is committed to processing data in accordance with the Italian Legislative Decree 196/2003 and the General Data Protection Regulation (EU) 679/2016. For full information, please refer to the dedicated section Privacy Policy.

Please find below summary information.

The Controller of personal data is iKRIX S.p.A., to whom the customer can direct all the requests. The user can contact at any time iKRIX at the e-mail address privacy@ikrix.com. Personal and fiscal data provided by the user during the purchase are collected by iKRIX to fulfil pre-contractual, contractual and fiscal obligations (e.g. to allow order management, invoicing and product delivery, also through Customer Service, to provide the customer with the procedures for the execution of this contract and the necessary communications) as well as to fulfill the obligations required by laws.

The communication of the user personal data to purchase, pay and receive the products is compulsory, as a necessary condition for the proper and timely execution of this contract. In its absence, it will be impossible to provide the requested services.

With reference to the data necessary for the delivery, please note that they are communicated to the commercial partners who supply the products, as well as to couriers in order to carry out the delivery service. With reference to the transaction information, please note that payments are received through authorized external payment providers in charge of managing payment data in compliance with the law (Paypal), or directly to iKRIX current account via bank transfer. The user may choose to provide additional information, only upon specific and distinct consent to its treatment (e.g. for marketing purposes); failure to provide the optional data shall not affect the conclusion of the purchase and/or the supply of services.

In any case the collected data will be kept for a period of time depending on the processing purpose.

At the end of the processing period, all data will be safely deleted or otherwise rendered anonymous in an irreversible way.

At any time, the user has the right to request information regarding his/her personal data owned by the Data Controller.

In particular, as data subject, the user enjoys the rights provided by articles. 7 of the Code and 15 of the GDPR and, if applicable, the rights provided by artt. from 16 to 21 GDPR (right of rectification, right to be forgotten, right to restriction of processing, right to data portability, right to object to the processing), as well as the right to lodge a complaint with the authority in charge.

Claims

34. Any customer claim must be addressed to:

iKRIX SPA

The Clutcher Customer Service

Via Gian Domenico Cassini, 12 F/R - Genova (Italia)

E-mail customercare@theclutcher.com

Applicable law

  1. These General Conditions are exclusively regulated by Italian Law.

I ACCEPT

For all intents and purposes of Italian Civil Code articles 1341 and 1342, I expressly consent to the provisions in articles: 3 (summary description of the products in the catalogue); 5 (right to not fill the order); 8.1, lett. e (lack of liability for fraudulent customer credit card use); 8.1, lett. f (lack of liability for successful on-line payment); 8.2, lett. b (order cancellation reserves for failure to receive a copy of the wire transfer order within 48 hours); 8.3, lett. b (order cancellation reserves in the event of payment from unverified PayPal accounts); 11 and 22 (delivery/shipping fees and taxes charged to the customer); 15 (THE CLUTCHER obligation upon product delivery to selected carrier); 16 (customer obligation to inspect delivered products); 17 (product acceptance without reserves by the customer, in lack of claims); 23 (10% charge reserves for returned product damages); 25 (denied returned product acceptance reserves); 32 (privacy) and 34 (applicable law), in these General Conditions.

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