TERMS AND CONDITIONS

GENERAL CONDITIONS OF SALE

These general conditions of sale apply to the purchase of “KINDA 3D SWIMWEAR” branded products concluded between the simplified Kinda 3D srl company, with registered office in Anguillara Sabazia, Via Pietro Nenni n. 23 – 00061, Fiscal Code, VAT Number and registration number in the Rome Companies Register n. 15010951000 (hereinafter, ” Kinda Swimwear “) and any natural person who makes purchases online at www.kindaswimwear.com , hereinafter referred to as “Customer”.

These general conditions regulate all purchases made through the website www.kindaswimwear.com , in accordance with the provisions of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (hereinafter, the ” Consumer Code “).

ARTICLE 1 – Object of the contract

With these general conditions of sale, Kinda Swimwear sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.kindaswimwear.com. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to the address www.kindaswimwear.com and the realization of a purchase order according to the procedure provided by the site itself. The customer undertakes to examine, before proceeding to confirm his / her order, the present general conditions of sale, in particular the pre-contractual information provided by Kinda Swimwear.

ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005

Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of choice by the CUSTOMER. Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed about: – total price of goods including taxes, with details of shipping costs and any other costs; – terms of payment; – the period within which Kinda Swimwear undertakes to deliver the goods; – conditions, terms and procedures for exercising the right of withdrawal (Article 6 of the present conditions) as well as a withdrawal form as per Annex I, Part B of Legislative Decree 21/2014;

– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; – existence of the legal guarantee of conformity for the purchased goods; – after-sales assistance conditions and commercial guarantees provided by Kinda Swimwear. The CLIENT can at any time and in any case before the conclusion of the contract, take note of the information related to Kinda Swimwear, the geographical address and the e-mail address.

ARTICLE 3 – Conclusion and effectiveness of the contract

The sales contract is considered concluded by sending Kinda Swimwear to the CUSTOMER an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to Kinda Swimwear.

The CUSTOMER has the possibility to cancel the order made no later than one hour from the receipt of the confirmation e-mail. Kinda Swimwear undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.kindaswimwear.com do not constitute a contractual element, as they are only representative.

ARTICLE 4 – Availability of products

The availability of products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order. Even after sending the order confirmation e-mail sent by Kinda Swimwear, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be informed immediately by e-mail.

If the CUSTOMER requests the cancellation of the order, by resolving the contract, Kinda Swimwear will reimburse the amount paid within 15 days from the day on which Kinda Swimwear was informed of the customer’s decision to terminate the contract.

If the CUSTOMER requests the cancellation of the order, in the terms of article 3, Kinda Swimwear will reimburse the amount paid within 15 days from the moment in which the CUSTOMER has decided to terminate the contract.

ARTICLE 5 – Method of payment

Any payment by the CUSTOMER can only be made by credit card via PayPal at www.kindaswimwear.com or by bank transfer.

In the event that the method of payment chosen is the bank transfer, it should be noted that only payments sent within and not more than 48 hours from the order will be accepted, and that  the order is to be considered canceled after that time.

ARTICLE 6 – Prices

All sales prices of the products indicated on the www.kindaswimwear.com website are expressed in Euro and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made. The CLIENT accepts Kinda Swimwear’s right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of the creation of the order and indicated in the confirmation e-mail sent by Kinda Swimwear to CUSTOMER. Shipments outside the European Union  provide for the payment of import taxes, which are the sole responsibility of the customer.


In the event of an IT, manual, technical, or any other kind of error that could lead to a substantial change, not foreseen by Kinda Swimwear, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be reimbursed within 30 days from the day of cancellation.

ARTICLE 7 – Right of return

In accordance with the legal provisions in force, the CUSTOMER has the right to return the purchase without any penalty and without specifying the reason, within the deadline of 15 days pursuant to art. 57 of Legislative Decree 206/2005 from the date of receipt of the products. The CUSTOMER wishing to exercise the right of return must send it to Kinda Swimwear through an explicit declaration, which can be sent via mail to [email protected] or to the address:

Kinda 3D s.r.l.s.

Via Pietro Nenni, 23

00061 – Anguillara Sabazia (RM) – ITALY

The CUSTOMER can exercise the right of return by sending any explicit declaration containing the decision to withdraw from the contract. In case of exercise of the right of return, the CUSTOMER is obliged to return the goods within 15 days from the day in which he communicated to Kinda Swimwear his desire to return from the contract, to the following address:

Kinda 3D s.r.l.s.

Via Pietro Nenni, 23

00061 – Anguillara Sabazia (RM) – ITALY

The direct costs of returning the products are charged to the CUSTOMER. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. In no case will be replaced or refunded merchandise that has not been returned in perfect conditions.

Without prejudice to the right to verify compliance with the above, Kinda Swimwear will reimburse the amount of the returned products within a maximum period of 30 days, excluding shipping costs incurred in the amount of € 15 for Italy and € 35  for other countries. As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Kinda Swimwear may suspend the reimbursement until the receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to Kinda Swimwear.

Kinda Swimwear will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of return, he must provide to Kinda Swimwear, by accessing the contact section or via e-mail to [email protected], the bank details: IBAN, SWIFT and BIC required for repayment.

ARTICLE 7bis – Change of size and / or model on International orders

In accordance with the legal provisions in force, the CUSTOMER has the right to request a change of size and / or model within 15 days from the date of receipt of the products. The CUSTOMER who intends to exercise this right must communicate this to Kinda Swimwear through an explicit declaration, which can be sent by registered letter with return receipt, also by sending an explicit declaration viae- mail. In case of exercise of this right, the CUSTOMER is obliged to return the goods within 15 days from the day on which he communicated his will to Kinda Swimwear pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned to the following address:

Kinda 3D s.r.l.s.

Via Pietro Nenni, 23

00061 – Anguillara Sabazia (RM) – ITALY

The direct costs of returning the products are charged to the CUSTOMER. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. In no case will be replaced or refunded merchandise that has not been made in perfect condition. Without prejudice to the right to verify compliance with the above, Kinda Swimwear will proceed to change size and / or model within a maximum period of 14 days (subject to availability), charging the Customer with a cost of  €15 for Italy and €35  for other countries, as the shipping amount of the goods being exchanged.

As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Kinda Swimwear may suspend the change of goods until receipt of goods or until the demonstration by the CUSTOMER to have returned the goods to Kinda Swimwear .

ARTICLE 8 – Delivery methods

Kinda Swimwear will accept orders to be delivered all over the world. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by Kinda Swimwear. For every order placed on the www.kindaswimwear.com website, Kinda Swimwear can issue an invoice for the goods shipped. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.

ARTICLE 9 – Responsibility

Kinda Swimwear assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.

ARTICLE 10 – Access to the site

The CUSTOMER has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of Kinda 3D srls and are protected by the intellectual property right.

ARTICLE 11 – Privacy Policy 

Kinda Swimwear is aware of the importance of personal data of its users and therefore intends to inform you and provide you with the maximum possible control over the management of personal information collected through our Website.

Please read carefully this Privacy Policy that applies to each access to the Site, even independently of the purchase of Kinda 3D Swimwear products that we sell on the Site.

Some services may be subject to specific legal terms, in which case we will give you all the appropriate information from time to time.

ARTICLE 12 – Cookie Policy

The website www.kindaswimwear.com uses “cookies”. Cookies are electronic files that record information relating to the navigation of the USERS in the site (pages consulted, date and time of the consultation, etc.) and that allow Kinda Swimwear to offer a personalized service to its users. Kinda Swimwear informs the users of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that this could prevent the USER from proceeding with the online purchase.

For detailed information on how Kinda Swimwear handles your personal data, please read our Cookie Policy

ARTICLE 13 – Integrality

These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 14 – Applicable law and competent court

These General Conditions of Sale are subject to Italian law. Any dispute that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State. In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.

General sales conditions updated on 29 January 2019.