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TERMS AND CONDITIONS OF SALE

These regulations set out the general terms and conditions for using the website of Kenwood Appliances (M) Sdn Bhd with its registered office in E1-3-09, Level 3 Sunway GEO Avenue, Jalan Lagoon Selatan, Bandar Sunway, 47500 Subang Jaya, Selangor Darul Ehsan (the "Company") [●], including in particular for purchasing brand new products and, if available on the website and whenever expressly indicated, refurbished or used ones (all of them, the “Products”) and services (“Services”) of De’Longhi Group.

Please read these general terms and conditions of sale (the “Terms and Conditions”) carefully before using our website and ordering our Products and Services.

By using our website for any such order, you agree to be bound by these Terms and Conditions.

Please note we offer a wide range of Products and Services, whose description on the website may differ from the actual products as regards colour, shape and size, and sometimes additional terms may apply. In such case, you will be notified accordingly. In addition, be aware that our Products are intended, designed and manufactured only for a domestic use (or comparable) and not for a professional purpose or use. In any case, please follow the instruction manuals’ recommendations.

1.  General

1.1. These Terms and Conditions shall apply to use of the website as well as condition of place all offers and conclusion agreements via the website of the Company, unless specified otherwise.

1.2. The word “Customer” shall mean any natural or juridical person visiting our website or any natural person or legal person entering into any kind of contractual relations with De’Longhi Group companies, including the Company. The word “Consumer” shall mean in particular any natural person who in concluding and performing the contract acts outside his trade, business or profession or is not acting on behalf of or on the account of an entrepreneur within the meaning of definition specified according to EU Laws as well as each national legislation that implements them.

1.3. In case of important issues the Company reserves the right to make any changes to its website, policies, and terms and conditions, including these Terms and Conditions. In any case, Customer shall be subject to the Terms and Conditions in force at the time that Customer orders Products from the Company or from any De’Longhi Group company.

1.4. If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

1.5 In order to purchase Products and Services on the website, the Customer must be at least 18 years old. If the Customer is under 18, he or she may use our Services only with the involvement of a parent or guardian. If the Customer is ordering for any other person, it is the Customer’ s responsibility to ensure that the intended recipient is of the appropriate age to view and use the Product or Service.

2. Your account. Orders. Offer, availability and acceptance of the offer by the Company

2.1. Using the website is possible in the event that the IT system used by the Customer meets updated minimum technical requirements (e.g., Internet Explorer 10, Chrome 75 or Firefox 60 or newer, enabled JavaScript and cookies as well as Internet connection).

2.2. To place an order, the Customer must access the Company website, select Products and/or Services, fill in required information about the Customer and select associated payment. The Customer can place orders as a "user-guest" or by registering his/her profile on the website. Registration enables the Customer to use the login details (username and password) selected at the first registration in order to place further orders on the website.

2.3. Using our website services, the Customer is liable to keep any account and password confidential. To the extent permitted by applicable law, the Customer is responsible for using the Company's website in accordance with the law and the Terms and Conditions, as well as to comply with the prohibition on providing illegal content. If the Customer has any reason to believe that a password has become known to anyone else, or if it is being or it has been used in any unauthorised manner the Customer is required to inform the Company immediately and to change the related password.

2.4. The Customer is responsible for ensuring that the details provided to the Company are correct and complete, informing us if any changes occurred and updating the information provided to the Company in the related area of the website. The Company reserves the right to refuse service, terminate accounts, remove, or edit content if the Customer is in breach of any applicable laws, of these Terms and Conditions or of any other applicable terms and conditions, guidelines or policies.

2.5. By placing an order, the Customer is offering to purchase a Product and/or Service subject to these Terms and Conditions. Any order via the website shall be an offer and shall not lead to any agreement for the purchase of the Product and/or Service. The first email sent to the Customer represents only an acknowledgement confirmation of receipt of the offer.

2.6. The offer of the Customer is accepted and an agreement with the Customer is concluded (the “Contract”) only when the Customer receives the related e-mail confirming acceptance of the order placed by the Customer and the Products are sent and/or the Services are made available to the Customer.

2.7. Acceptance and related performance of all orders are subject to availability and confirmation of the order price and quantities of the Products and Services included in the purchase order. We reserve our right to timely withdraw from the Contract in case that the Products are no longer manufactured and/or supplied, or because the Products have been marked with an obviously incorrect price. Dispatch times may vary according to availability and any delivery times are subject to any delays resulting from transport or force majeure.

2.8. Products and Services are sold in quantities that correspond to the typical needs of an average household. We reserve the right to limit the availability of the Products and Services and the acceptance of purchase orders as far as quantities are concerned.

3.  Prices and payments

3.1. All prices of the Products and Services shall be in Customer’s local currency and include all applicable taxes, including VAT. Prices invoiced will be those current at the date of performance of the purchase order.

3.2. Whilst the Company tries to ensure that all Products’ and Services’ details, descriptions and prices which appear on its website are accurate, errors may occur anyway. Should the Company discover an error in the price of any ordered Products or Services, information about the error and information about the correct price will be immediately sent by the Company to the Customer (this is without prejudice to the Company’s right to withdrawal under Article 2.7 above). In any such case the Customer may reconfirm the placed order at the correct price or cancel it. In the absence of confirmation of acceptance of the correct price or cancellation of the order by the Customer within 7 (seven) days of providing the information, the Company will treat the order as cancelled and inform the Customer of such event.

3.3. The prices stated shall not include shipping costs, unless otherwise indicated. The amount as stated on the page “check order”, and confirmed by e-mail later, shall be the total amount payable by the Customer for the ordered Products, including all taxes, levies, environmental contributions and shipping costs, if any.

3.4. The Company may from time to time offer promotional discount codes to apply in respect of any, or certain specified Products’ or Services’ purchases made though this website. Any related special terms and conditions shall be specified at the time of issue.

3.5. In order to purchase the Products and Services the Customer must possess a valid credit or debit card, or other payment method accepted by the Company and De’Longhi Group, and to provide sufficient financial means to cover the cost of purchase of the Products and Services. The Company retains the right to refuse any request made by the Customer that does not meet this requirement. The Company reserves the right to reject any request made by the Customer after verification of the data provided, which must be correct and accurate.

3.6. Upon receiving order from the Customer, the Company carries out a standard pre-authorization check on payment card of the Customer to ensure there are sufficient funds to fulfil the purchase. Products will not be dispatched nor Services will be made available until this pre-authorization check on payment card has been positively completed. The card will be debited once the order has been accepted to its performance with the amount resulting from the order. If the card cannot be charged within 5 (five) days from the date the Company confirms the order, the Customer's order will be automatically cancelled, and the Customer will be notified by the Company.

3.7. For each completed order, the Company or any relevant De’Longhi Group company that be duly notified to the Customer before the checkout will issue an invoice with the data provided by the Customer during the purchase procedure, which will be sent to the Customer by e-mail after confirming the shipment of Products or that the Service has been made available or which will be available for download directly from the appropriate website page as part of the Customer's profile.

4.  Delivery

4.1. The delivery address stated by the Customer shall be considered the correct address for the delivery of Products and Services.

4.2. The Customer shall send a separate order form for each address if the Customer wishes to order Products that must be sent to various addresses.

4.3. The type of delivery, average delivery time and relevant prices offered by our Company are given in the appropriate section on the website. Time of delivery is indicative, and any delivery or dispatch dates provided shall be executed in accordance with any applicable law. The time for delivery shall be extended by any period necessary for the correct delivery of the ordered Product, if the delay is due to an event beyond our reasonable control.

4.4. If the ordered Product is no longer available in the warehouse at the time of ordering and is incorrectly indicated as available on the website, it may result in delay in the execution of the order or its cancellation by the Customer or the Company pursuant to these Terms and Conditions.

4.5. When the Products are delivered by the courier, the Customer shall check whether the number of packages received corresponds to the number indicated on the transport document and whether the packaging is damaged, intact or wet. The Customer shall report any damage to the packaging or Products to the courier and inform us about them to the e-mail address reported in the Customers Support Section.

4.6. By using the username and password, the Customer can access the summary of orders placed in the Customer’s profile and monitor the progress of orders in real time, which will include the following messages:

  • order / payment declined: Customer's payment failed;
  • waiting for payment: the Customer has placed orders but has cancelled the order before making the payment;
  • order received: purchase order has been received;
  • confirmation of order acceptance: the Customer's offer to purchase Products or Services has been accepted;
  • order in preparation: the procedure of preparing ordered products and organises the delivery of the parcel by courier has started;
  • order sent: the Products have been picked up by courier and are delivered to the address provided by the Customer; from this moment the Customer can track his/her parcel on the carrier's website.

4.7 For all questions related to the status of the order, the Customer may contact the Customer Service Department as indicated in the Customers Support Section in the website.

4.8. The Products or Services shall be made available only within our Company’s territory.

5.  Risk and Title

5.1. Upon delivery of the Products to the delivery address indicated in the purchase order, risk on the Products shall pass to the Customer.

5.2. Upon payment of the Products, ownership shall pass to the Customer.

6.  7-Day Exchange and Return Policy

6.1. Customers, and in particular Consumers, may return the Products in the event they are defective, damaged, or fundamentally different in nature from the Product you ordered upon delivery within 7(seven) days of delivery of the respective Product according to our Exchange and Return policy available at ____________. To meet the deadline, it is enough to communicate the issue to the email address indicated in our Customer Support Section within 7(seven) days from receiving the Product There will be no costs for returning items whenever the return is made according to our Exchange and Return policy , otherwise the Customer is obliged to bear the cost related to returning the items.

6.2. In any case, Customers and Consumers shall always be entitled to exercise their warranty rights according to the provisions contained under next art. 7 of this Terms and Conditions and to any applicable statutory law With such respect, Customers and Consumers may also contact our Company using the contact details available in the Customer Support Section. In any case, you will have to follow the instructions on the website’s dedicated area (see “my account” area).

7.  Warranty

7.1. The Customer shall check the delivered Products upon receipt for visible defects and non-compliance with the Contract, and in any such situation the Customer shall notify the Company accordingly.

7.2 The Products are covered by the legal warranty, which complies with all statutory regulations regarding warranty on consumer goods and consumer rights in force in the country where the Products are purchased (the “Warranty”). The rights arising from the Warranty will be exercised in accordance with the law in force in Customer’s country and with the conditions specified in any warranty documents provided with the Products and made available in the website. To enforce the Warranty, the Customer may contact our Customer Service Department at the number and/or email indicated in the Customers Support Section in the website, specifying the Product’s invoice number and date of issue or the related code with the order placed and about the defect. The Customer Support will provide all information on how to proceed with the Warranty.

7.3. The Company provides Products without defects. If any Product does not comply with the Contract, the Company grants the Customer the right to freely exercise the Warranty rights within the terms granted by any local statutory legislation. The Warranty rights may be exercised by the Customer if the defect appears on the new Products within 1 (one) years from the date of delivery of the Products to the Customer. If the Customer has rightfully exercised his Warranty rights, the period under the previous sentence shall not run for the period during which the Customer cannot use the Products. Whenever explicitly communicated in the related section of the website, the period of rights from defective performance for certain used Products may be reduced in accordance with the applicable consumer law provisions.

7.4. If a defect in the new Products becomes apparent within 1 (one) year of receipt, the Products shall be deemed to have been defective upon receipt unless the nature of the Products excludes it; this period shall not run for the time during which the Customer cannot use the Products if the Customer has rightfully complained about the defect.

7.5. If the Product has a defect, the Customer may demand its removal at the Company’s expense.

7.6. The Customer may demand a reasonable discount or withdraw from the Contract if:

(a) the Company has refused or failed to remove the defect in accordance with Article 7.5.;

(b) the defect appears repeatedly;

(c) the defect is a substantial breach of the Contract;

(d) it is apparent from the Company´s statements or circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Customer.

7.7. The Customer may not withdraw from the Contract if the defect is not significant; the defect shall be deemed not to be significant.

7.8. Please note that our Products are designed, manufactured, and intended for domestic or comparable use, as outlined in the instruction manuals. They are not intended for professional use. If the Company determines that the Product has been used for professional purposes or for any other purposes beyond typical domestic or comparable use, the Company reserves the right to apply different conditions on a case-by-case basis, depending on the specific use. In such cases, the Company may consider any professional use that may generate excessive wear and tear as a misuse, which could result in the absence of legal coverage.

7.9. The Customer is not entitled to repair or replacement of the Product or any part found to be defective by the Company in the following situations (subject in any case to any relevant local law provisions):

a) the Product has been repaired or modified by persons other than the manufacturer or any authorised person; and / or

b) the Product's lack of conformity becomes apparent one(1) years - or, for used Products, any shorter period, as explicitly communicated and to the extent permitted by the applicable consumer law provisions - after the delivery of the Product and / or the appropriate request to repair or replace the defective Product, submitted in accordance with the previous paragraph; and / or

c) the defects are caused (in whole or in part) by improper use, improper storage, maintenance or installation, or failure to comply with the instructions provided by the manufacturer with the Product.

7.10. The Customer may file a claim with the Company at any of its premises or at authorised service centres. The list of authorised service centres is available in the Customer Support Section on the website.

7.11. Repairs or replacements will be carried out within a reasonable period of time after submission of the application and will not cause significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.

7.12. Any complaint shall be considered within 30 (thirty) days of receiving the complaint.

7.13 No provision of these Terms and Conditions limits the Customers’ or Consumer's rights under the provisions of the applicable Consumer’s law.

8. Limitation of liability

8.1. The Company does its best to ensure an uninterrupted and error-free availability of the services. Nevertheless, this cannot be always guaranteed by the nature of the internet system, because of technical suspensions or restrictions that may take place, related or not to repairs, maintenance, or new services being carried out. The Company shall do its best to limit the number and the duration of such suspensions or restrictions.

8.2. Our Company will not be responsible for any delay or failure which arises from any cause which is beyond our reasonable control, and in any case for (i) losses that were not caused by any breach of our Company, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to any party when the Contract for the sale of products with our company was formed. This provision is applicable also to the natural persons purchasing Products or Services for the purposes directly related to his/her business or professional activity.

8.3. These Terms and Conditions do not affect the Customer’s legal right to have goods sent or services provided within a reasonable time or to receive a refund if ordered goods or services cannot be delivered within a reasonable time owing to a cause beyond our reasonable control.

8.4. Any liability towards the Customer related to quality issues shall however be limited to the purchase price of the Product. Such limitation will not apply in case of any product liability issues.

9. Governing Law and Jurisdiction

9.1. These Terms and Conditions are governed by and construed in accordance with the laws in force in the Consumer’s or Customer’s country.

9.2. We will try to solve any disagreements quickly and efficiently. With specific reference to the Consumer, he/she may bring a claim to enforce any consumer protection rights in connection with these Terms and Conditions in the EU country in which the Consumer lives. The European Commission provides for an out-of-court settlement procedure: the Online Dispute Resolution. The competent bodies are listed on the site: http://ec.europa.eu/consumers/odr/.

10. Corporate details

Please be advised of our corporate details of the Company are as follows:

De’Longhi [●]. with its registered office in [●], registered in the [●] Court of the City of [●] under the [●], Tax id: [●], share capital [●] fully paid up.

Contact details of the Company are:

11. Processing of personal data

11.1. The processing of Customers' personal data takes place on the principles set out in the Privacy Policy.

CUSTOMER ACCOUNT

Using any website service, the Customer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to his/her computer, and to the extent permitted by applicable law the Customer agrees to accept responsibility for all activities that occur under his/her account or password. The Customer shall take all necessary steps to ensure that the password is kept confidential and secure and should inform Company immediately if he/she has any reason to believe that his/her password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.

The Customer is responsible for ensuring that the details provided to Company are correct and complete, and for informing us of any changes to the information provided. The Customer can access and update much of the information provided to our company, including any account settings, in the related area of the website.

The Company reserves the right to refuse service, terminate accounts, remove, or edit content if the Customer is in breach of applicable laws, these Terms and Conditions.