GENERAL TERMS AND CONDITIONS OF ONLINE SALE

Legal Notes
General terms and conditions of sale of the company KEP Italia s.r.l. (hereinafter referred to as “the Seller”), with registered office at Via A. Volta 11/13, Calvagese della Riviera, 25080 (BS), Italy, represented by its legal representative: Goran Kremenovic, VAT no. and Tax Code 03418990168, REA: BS-580027, responsible for organizing and managing the eCommerce activities of the website www.kepitalia.com for the online sale of KEP-branded products.
Contact: our customer service is available by e-mail at: contact@kepitalia.com or via PEC (certified e-mail): kepitalia@legalmail.it or by phone at: +39 030 6700172.


Preamble and Definitions

• the Seller manages the commercial and sales activities of KEP-branded equestrian helmets and accessories through its own website www.kepitalia.com (hereinafter the “Site”);
• the Site is primarily a marketing platform intended for commercial transactions both between businesses and consumers (B2C), and between businesses and professionals (B2B);
• these “General Terms and Conditions of Online Sale for Consumer Customers (B2C)” (hereinafter referred to as “GTC” ) govern the procedures for forming and concluding the contract for the sale of KEP-branded goods between the Consumer (hereinafter referred to as “the Buyer” ) and the Seller, the rights and obligations of the Buyer, and the rights and obligations of the Seller;
• pursuant to Article 3.1(a) of Legislative Decree no. 206 of 6 September 2005 (hereinafter also referred to as the “Consumer Code” ), a Consumer is defined as a natural person who acts for purposes unrelated to their business, commercial, artisanal or professional activity;
• all trademarks and intellectual property rights relating to the Site are the exclusive property of KEP Italia s.r.l.;
• “durable medium” shall mean any tool that allows the consumer or professional to store information personally addressed to them in a way that enables future consultation for a period of time suitable for the purpose of the information, and that allows the identical reproduction of the stored information;
• this preamble constitutes an integral and substantial part of the sales contract that the Buyer will enter into once the purchase procedure described below has been completed.<br>

1. Subject of the Contract
1.1 These general terms and conditions of sale govern the purchase of KEP-branded products and accessories, carried out remotely and via telematic network, through the Seller’s proprietary website. Pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003, these GTC are made available to the Buyer in a specific section of the Site for their review and acknowledgment before placing the purchase order, and for their reproduction and storage by the Buyer.
1.2 Upon conclusion of the sales contract, in accordance with the procedures set forth in the following articles, the Seller sells and the Buyer purchases remotely the products listed and offered for sale on the Seller’s Site, namely KEP-branded equestrian helmets and accessories, which may be customised by the Buyer using the specific “KEP CONFIGURATOR” and/or by using the “DO YOU WANT TO ADD A NAME PLATE?” function.
1.3 The main features of the equestrian products and accessories referred to in the previous point are shown and described on the Site, with a presentation of each item that is accurate, truthful, correct, and not misleading.


2. Acceptance of the Terms and Conditions of Sale
2.1 Upon registration on the Website by creating a personal account with the relevant credentials or by accessing the Website as a guest, all purchase orders will be submitted by the Purchaser to the Seller through the completion of the guided purchase procedure, filling in the related form with the required information. In this regard, the Purchaser assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic form, aimed at completing the product purchase procedure. Therefore, the Purchaser indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Purchaser, who is solely responsible for the correct entry of such data.
2.2 These general terms and conditions of sale must be reviewed by the Purchaser before completing the purchase procedure by accessing the dedicated section of the Website. In any case, these general terms and conditions of sale are reproduced and brought to the Purchaser’s attention and acceptance before submitting any purchase order through a specific redirect link.
2.3 Before proceeding with the submission of the purchase order, the Purchaser acknowledges and accepts these general terms and conditions of sale by point-and-click, ticking the appropriate box “acknowledgment and acceptance of the general terms and conditions of sale.” By accepting these general terms and conditions of sale, the Purchaser undertakes to observe the general conditions and payment methods illustrated below in their relations with the Seller, declaring to have specifically reviewed and accepted all the indications provided by the Seller, also acknowledging that the Seller does not consider itself bound by any different conditions unless previously agreed upon in writing.


3. Purchase Procedure and Sales Prices
3.1 The Purchaser may only purchase products present in the online catalog and in the configurator at the time of order submission and viewable online on the Website, as described in the related product information sheets.
3.2 Before submitting the purchase order, the Purchaser may modify the selected goods or correct errors in filling in the form by clicking the “RETURN TO CART” or “BACK” button, depending on the stage of the online purchase procedure.
3.3 The sales prices of the products (hereinafter “Sales Price” ) present on the Website are expressed in Euro or US Dollar, depending on the payment method chosen by the Purchaser. The Website will clearly indicate the Sales Prices of each product and the method for calculating the total purchase price. It is specified that the total purchase price (hereinafter “Final Price” ) shall consist of the sum of the Sales Price and the costs of shipping and delivery of the products through couriers and/or shippers appointed by the Seller. The Purchaser, in compliance with the provisions of Article 51.2 of Legislative Decree no. 206 of September 6, 2005 ( “Consumer Code” ), as amended by Legislative Decree 21/2014, declares to be aware that the submission of the product purchase order entails the obligation to pay the Final Price. Payment of amounts due to the Seller may also take place - in whole or in part - through the use of vouchers, coupons, or other valid instruments issued by the Seller and/or authorized third parties, without prejudice to the Seller’s right to verify the validity of such instruments. Accordingly, at the time of online purchase, the Purchaser shall use the “GO TO CHECKOUT” button, which simultaneously: - confirms acceptance of the sale in question; - confirms the shipping and delivery methods chosen by the Purchaser; - submits the purchase order in the specified quantity; - creates the obligation to pay the Seller the Final Price.
3.4 Sales Prices and Final Prices shall be understood as inclusive of VAT and any other applicable tax only with respect to countries belonging to the European Union. For Purchasers residing outside the European Community, or requesting shipment outside the European Union, any local tax (VAT, duties, customs clearance) shall be borne exclusively by the Purchaser and is therefore excluded from the sales price.
3.5 Shipping costs included and specified in the Final Price, unless otherwise specified, shall always be borne by the Purchaser. The Final Price will, in any case, be calculated and presented to the Purchaser before the confirmation of the order via the “CONFIRM AND PAY” button.
3.6 The Seller, upon verifying the availability of the chosen product, will formally confirm the received order by e-mail and only from that moment will the Seller’s obligations regarding the sale and delivery of the products provided for in this contract become effective. In case of non-acceptance of the order for any reason, the Seller shall promptly notify the Purchaser by email.

4. Conclusion of the Contract
4.1 The Contract concluded through the Website shall be deemed concluded at the moment the Purchaser receives, via e-mail, the formal order confirmation pursuant to the previous art. 3.6, through which the Seller accepts the order sent by the Purchaser and informs them that it can proceed with its fulfillment.
4.2 The order confirmation will report the Date and Time of conclusion of the contract and a “Customer order number” to be used in any further communication with the Seller and to check the status of the order in the dedicated section on the Website. Moreover, the order confirmation email will contain a summary of these GTC and will re-propose all the data entered by the Purchaser: any information relating to the essential characteristics of the purchased good, the indication of the Final Price including VAT and any other tax or duty applicable depending on the State to which the Purchaser requests delivery of the good, according to the provisions of the previous art. 3.4 , the chosen payment method, the shipping methods and costs and the applicable taxes, pursuant to the previous art. 3.5, the shipping and delivery times of the goods ordered by the Purchaser pursuant to the following art. 6, the terms and methods for exercising the right of withdrawal and the return procedures.
4.3 The Purchaser shall promptly verify the correctness of the data and information contained in the order confirmation email and communicate to the Seller, always via email and within three days from the receipt of the order confirmation, any modifications and/or corrections of errors.
4.4 The Purchaser undertakes to print and keep these general conditions – which, moreover, will have already been reviewed and accepted as a mandatory step to complete the purchase procedure - as well as the specifications of the purchased product, in order to fully comply with the condition provided for by Legislative Decree no. 206 of September 6, 2005 (the so-called Consumer Code).
4.5 The purchase contract concluded in accordance with these general terms and conditions of sale will be archived and stored in digital format by the Seller on the company servers kept at its registered office in Italy, for a maximum period of 2 (two) years from the date of its conclusion and according to criteria of confidentiality and security. The Customer may access the archived contract of which they are one of the contracting parties by contacting our customer service, whose contacts (email, PEC, telephone) are reported in the Legal Notes of these GTC.


5. Payment Methods
5.1 The Purchaser acknowledges and accepts that - at the date of purchase of the products covered by this contract - payment of the Final Purchase Price of the goods ordered may only be made by the following alternative payment methods, accessing the STRIPE payment platform (https://stripe.com/it):

• Klarna
• Apple Pay
• Google Pay
• Credit Cards
• iDEAL
• BLIK
• PayPal

5.2 In the event that the Purchaser exercises the right of withdrawal, according to the terms and conditions provided for in art. 9 of these GTC, the amount paid as the Final Price will be refunded to the Purchaser, excluding the shipping costs already borne by the Seller.


6. Delivery Methods
6.1 The Seller will deliver to the Purchaser the ordered products, at the address indicated by the Purchaser in the purchase order (residence or domicile of the Purchaser or at the point of sale selected at the time of completing the purchase order by clicking the “PICK UP AT THE POINT OF SALE” button), by couriers and/or shippers appointed by the Seller. The delivery of the purchased good will take place, after the Seller has received payment of the Final Price, according to the following shipping and delivery times:
a) for standard goods, not subject to customization as provided for in the following art. 9.9, within 30 (thirty) days from the date of conclusion of the purchase contract, according to the methods provided in the previous art. 4;
b) for goods subject to customization as provided for in the following art. 9.9, within 60 (sixty) days from the date of conclusion of the purchase contract, according to the methods provided in the previous art. 4.
6.2 If the Purchaser is absent at the time of delivery of the ordered goods, a notice will be left with the necessary information to contact the courier or shipper to arrange for subsequent delivery. The Seller will not be responsible for delay or failure of delivery and/or any additional costs incurred by the Purchaser due to incorrect or incomplete address information provided by the Purchaser.
6.3 Upon receipt of the goods, the Purchaser is required to verify the integrity of the package and the products, the conformity of the product delivered with the order placed and is also obliged to immediately report to the Seller any tampering or damage detected on the package and the purchased goods, contacting customer service by email at the contacts indicated in the Legal Notes. In any case, the Purchaser shall inform the Seller of any problems encountered in receiving the products, in order to allow the Seller to carry out a better quality control of the services provided – directly and/or through third parties – with the methods provided in art. 7.
6.4 Information regarding customs duties: shipments to Andorra, Brazil, Canada, Faroe Islands, Hong Kong, Iceland, Liechtenstein, Macao, Macedonia, Mexico, Monaco (Principality of), Norway, Switzerland, U.S.A. may be subject to customs duties established by the customs authorities of the destination country. KEP Italia s.r.l. cannot predict the amount of such duties, which are the responsibility of the Purchaser.

7. Legal Warranty
7.1 Products sold by KEP Italia and purchased by the Consumer Buyer are subject to the legal warranty of conformity provided by law, lasting **two years from the delivery of the goods to the Buyer, pursuant to articles 128-130 Consumer Code.
7.2 Activation of the legal warranty must be requested directly by the Buyer after submitting a written complaint to the Seller by filling out the appropriate **(Contact Form) or by sending an email to: contact@kepitalia.com. After notification of the non-conformity defect, the Seller will contact the Buyer by email as soon as possible, proposing the most appropriate legal remedy for the specific case.
7.3 Defects arising from improper use by the Buyer or third parties of the purchased goods are excluded from the legal warranty.
7.4 For the validity of the legal warranty referred to in point 7.1, regarding specifically riding helmets, the Buyer is informed that inside the shell of each helmet, under the padding, there is a label (not to be removed under any circumstances) bearing all the specific information about the helmet, including the production date. Should the Buyer notice cuts, abrasions, or any other damage to the shell after normal and proper use of the riding helmet, before using the helmet again, the Buyer must contact KEP Italia by filling out the (Contact Form) or sending an email to contact@kepitalia.com to have the helmet examined. It is specified that only the Italian headquarters of KEP Italia, as indicated in the Legal Notes of these GTC, is authorized to disassemble, assemble, repair, or replace helmet components to guarantee compliance with certifications and therefore product safety.
7.5 To obtain repair or replacement of goods under warranty, according to the provisions of point 7.1, the goods must be returned by the Buyer to the Seller in their original condition as delivered, complete in all parts, with the original packaging, including the shipping box and original labels, along with the purchase invoice. Return shipping costs are the responsibility of the Seller.
7.6 Should the goods not be returned in the conditions and forms required in point 7.4 above, the Seller reserves the right to verify, for the validity of the legal warranty, the state of preservation of the returned goods and consequently decide if and under what terms to proceed with replacement or repair, promptly informing the Buyer by email of the condition of the returned goods and any expenses necessary for replacement or repair.
7.7 If the Buyer chooses to replace the non-compliant good covered by the legal warranty with another item available on the Seller’s Website whose price is higher than the Final Price originally paid at purchase, the Buyer must pay the price difference to the Seller.
7.8 If instead the Buyer chooses to replace the non-compliant product covered by the legal warranty with a product priced lower than the previously paid Final Price, the Seller will refund the price difference using the same payment method originally chosen by the Buyer and among those provided in article 5.1 above.
7.9 Replacement of goods for size exchange: Outside the cases of applicability of the legal warranty referred to in article 7.1 above, if the size of the purchased good chosen by the Buyer is not correct, the Buyer may request replacement with the correct size, according to the following terms. It is understood that return shipping costs for the incorrect size item and shipment costs for the new item with the correct size are the responsibility of the Buyer.
7.10 Procedures for size exchange:
a) submit the request using the appropriate (Contact Form). When filling out the form, specify “Size exchange” in the notes;
b) wait for confirmation from a Seller operator of receipt of the request;
c) ship the product to the legal headquarters of KEP Italia, as indicated in the Legal Notes of these GTC, via postal package or courier of your choice, in the conditions and forms required in point 7.4 above;
d) wait for the Seller’s operator to verify the returned product within 30 (thirty) days from receipt of the product to be replaced;
e) make payment for the return shipping of the incorrectly sized item following instructions received by email;
f) receive the new product shipped by the Seller to the address indicated by the Buyer (Buyer’s residence or domicile or the point of sale selected by the Buyer during order completion). Shipping costs will be borne by the Buyer.


8. Maintenance of KEP helmets
8.1 The Buyer is aware that compliance with cleaning and maintenance rules is relevant to the validity of the legal warranty, according to points 7.1, 7.4, and 7.6 above.
8.2 KEP Italia helmets are supplied with a cloth (the KEP CLEAN) to be used for cleaning. The KEP CLEAN (or any other soft and clean cloth) must be simply moistened with water and the helmet should then be left to dry naturally at room temperature. The internal padding, which is removable, can be washed with cold water, by hand or in a washing machine. The use of chemical detergents or solvents is strictly prohibited.
8.3 For helmets with python leather covering: the leathers selected by KEP Italia are treated gently to maintain their natural characteristics (elasticity, softness, and beauty) as long as possible. However, as they are natural materials, some changes over time are possible, especially in color. Do not use any cleaning products. If the python leather gets dirty, it is recommended to clean it with a soft cloth slightly moistened with water. If the python leather is damaged, replacement/restoration is not possible.
8.4 Helmets with natural leather covering: all considerations made for helmets with python leather apply also to helmets with natural leather covering. It is recommended to periodically pass a wool cloth over the leather to restore its original beauty. Minor scratches can be removed by applying a neutral leather wax or one matching the leather color.
8.5 For helmets with leather or python leather inserts it is recommended to:
a) avoid prolonged exposure to sunlight;
b) keep away from radiators and other heat sources;
c) avoid contact with liquids;
d) protect the helmet from rain. If it gets wet, simply let it dry naturally (never use a hairdryer or other artificial heat sources).
8.6 Each helmet must be stored protected from direct sunlight and away from heat sources.
8.7 After each use, it is recommended to always store the helmet inside its original protection.
8.8 Particular attention must be paid to impacts and falls that could damage the helmet.
8.9 Application of stickers, solvents, adhesive labels, and paints on the helmet is discouraged.

9. Right of Withdrawal by the Purchaser – Exceptions.
9.1 Pursuant to Articles 52 et seq. of Legislative Decree No. 206/2005, the Purchaser has the right to withdraw from the purchase contract as defined in Article 4 of these GCS, without having to provide any reason, within fourteen (14) calendar days from the date on which the Purchaser or a third party designated by the Purchaser, other than the carrier, has taken physical possession of the goods ordered and purchased.
9.2 In order to exercise this right, the Purchaser must communicate their intention to withdraw, within fourteen (14) calendar days from receipt of the goods, via email to customerservice@kepitalia.com, specifying "Return with Refund" in the subject line and waiting for written instructions, also by email, from the Seller's Customer Service on the procedures to follow to return the goods.
9.3 The withdrawal email must mandatorily include:

• all personal data of the Purchaser: Name, Surname, Email, and telephone contact;
• the Customer order number relating to the item to be returned.

9.4 The Purchaser who has correctly exercised the right of withdrawal under this article must return the item to the Seller in its original condition as delivered, complete in all its parts, with the original packaging including the shipping box and original labels, together with the relevant purchase invoice. In any case, the Seller reserves the right to accept goods returned by the Purchaser in a manner different from the procedures communicated by the Seller’s Customer Service.
9.5 The Purchaser undertakes to return the item to the Seller without delay and in any case within fourteen (14) calendar days from the communication of the intention to exercise the right of withdrawal, in accordance with the provisions of paragraphs 9.2, 9.3, and 9.4 above. The burden of proof regarding the timely exercise of the right of withdrawal under this article lies with the Purchaser.
9.6 The only expenses due by the Purchaser for returning the products and exercising the right of withdrawal under this article are the direct costs of returning the item to the Seller. The Purchaser who exercises the right of withdrawal in accordance with the terms of this article will be refunded the amounts paid for the purchase of the product only, excluding any reimbursement for additional costs or shipping fees.
9.7 Upon receipt of the returned item, the Seller will promptly verify it to confirm via email the acceptance of the return. The Seller will also, as soon as possible – and in any case within fourteen (14) days from the communication by the Purchaser of their intention to exercise the right of withdrawal – refund the amounts due, without prejudice to the Seller’s right to delay payment – pursuant to Article 56.3 of Legislative Decree No. 206 of 6 September 2005 – in the event of non-receipt of the returned items and/or lack of proof of shipment of the same by the Purchaser.
9.8 The refund will be made by the Seller, as set forth in paragraph 9.7 above, using the same payment method used by the Purchaser for the initial transaction, unless a different payment method has been explicitly agreed in writing with the Purchaser.
9.9 Exceptions to the right of withdrawal: the right of withdrawal is excluded in favor of the Purchaser in the following cases:
a) pursuant to Article 59.1, letter c) of Legislative Decree No. 206/2005, for products customized by the Purchaser using the "KEP CONFIGURATOR" guided procedure, as well as for products modified upon the Purchaser's request with a nameplate using the "WOULD YOU LIKE TO ADD A NAME TAG?" function;
b) custom accessories and inserts also purchased separately by the Purchaser on the Seller’s Website;
c) for products that have been used by the Purchaser and returned missing some parts, or without the original packaging, or without the shipping box and the original labels attached to each product.


10. Seller's Limitations of Liability.
10.1 The Seller shall not be held liable for delays or failure to deliver the goods due to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics, and other similar events that wholly or partially prevent the delivery within the maximum time period referred to in point 6.1 above.
10.2 The Seller shall not be liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disruptions and/or malfunctions of the Website related to internet use that are beyond the Seller’s control.
10.3 The Seller shall not be held liable to the Purchaser or third parties for damages, losses, or costs incurred as a result of non-performance of the contract due to the aforementioned causes; the Purchaser shall only be entitled to the refund of any amount paid.
10.4 The Seller shall not be held liable to the Purchaser for any fraudulent or unlawful use by third parties of credit cards or other means of payment used to pay for the products, provided that the Seller can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and in accordance with ordinary diligence.


11. Communications
11.1 Except where expressly indicated or established by legal obligations, communications between the Seller and the Purchaser will primarily take place via email to their respective electronic addresses, which will be considered by both parties as a valid means of communication, and whose production in court cannot be challenged on the sole basis that they are digital documents.
11.2 In any case, the Seller reserves the right to contact the Purchaser - at the phone number provided – through its Customer Care service and/or its logistics operators, for reasons related to the sale covered by this contract and the delivery or return of the products in question.
11.3 Either party may change their email address for the purposes of this article at any time, provided that they promptly inform the other party in compliance with the procedures set out in the previous paragraph.

12. Complaints
12.1 For any information, questions or complaints regarding the goods sold by KEP Italia through the Website or these GTC, the Purchaser may contact the Seller through the customer service at the E-mail address: contact@kepitalia.com or at the certified email (PEC) address: kepitalia@legalmail.it or by telephone at Tel.: +39 030 6700172.
12.2 In the event of a dispute, the Purchaser is in any case invited to contact the Seller’s customer service as a priority in order to reach an amicable solution.
12.3 The Purchaser may also make use of the European Online Dispute Resolution platform, available at the following website: http://ec.europa.eu/consumers/odr


13. Applicable Law and Dispute Resolution
13.1 These General Terms and Conditions of Sale are governed by Italian law and, in particular, by the applicable provisions of Legislative Decree no. 206 of 6 September 2005 (the so-called Consumer Code), excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The Consumer Purchaser shall in any case be granted the rights provided by the mandatory consumer protection laws of the country in which they reside or are domiciled.
13.2 It is specified that the choice of law shall not deprive the Consumer Purchaser of the protection afforded by mandatory provisions which, pursuant to the law that would be applicable in the absence of such choice under point 12.1, cannot be derogated from by agreement.
13.3 For all disputes that may arise between the Seller and the Consumer Purchaser, the court of the place of residence or domicile of the Consumer Purchaser shall have exclusive jurisdiction.


14. Intellectual and Industrial Property
14.1 The Purchaser acknowledges and expressly agrees that the rights relating to trademarks, trade names, copyrights, patents, and other intellectual and industrial property rights pertaining to the goods advertised and sold by the Seller are the exclusive property of the Seller. No license to use or exploit such rights shall be deemed granted to the Purchaser by virtue of the purchase of one or more goods.
14.2 The Purchaser acknowledges and expressly agrees that all images published on the Seller's website and advertising materials are protected by copyright and, therefore, may not be used by the Purchaser in any context unrelated to the sales contract concluded, unless expressly authorized in writing by the Seller.
14.3 In the event of a violation of intellectual and industrial property rights, the Seller reserves the right to take all appropriate legal action, including injunctions and claims for damages, to protect its rights.