Terms and conditions
These Conditions of Sale apply to Keep Out Bracelets, subject to the exceptions and modifications set out below and comply with Part III, Title III, Chapter I of L.D. no. 206/2005.
Parties and Policy
This Website, at the URL “https://www.keepoutbracelets.com” (hereinafter Keep Out Bracelets) and the products purchased through the website, are managed by Hang Loose srl, owner of the Keep Out brand, registered in the trade register under no. AL – 256854, VAT no. 02449000062.
Hang Loose strongly believes in protecting the users’ privacy.
Purchases of Products through Keep Out Bracelets will be governed by the following terms and conditions of sale.
Gli acquisti di Prodotti mediante Keep Out Bracelets saranno regolati dai seguenti termini e condizioni di Vendita.
Terms and Conditions of sale (hereinafter referred to as “Conditions of Sale”).
1.Notes on these Conditions of Sale
These Conditions of Sale apply to all orders and purchases made on Keep Out Bracelets (“Products”). With respect to purchases on Keep Out Bracelets, Hang Loose will send its communications electronically by email or electronic publication. By using this online offer, the Users acknowledge that all statements of intent, communications, disclosures and other notices are issued or provided electronically, except where the law requires them to be in writing. These Conditions of Sale may be changed from time to time, with the relevant date of validity specified on the Keep Out Bracelets site.
Any changes to the Conditions of Sale will apply to orders placed from the effective date (included), provided that the Conditions of Sale, as amended, are visible on the site as terms applicable at that time. Before placing an Order for Products, users will be given a reasonable opportunity to review these Conditions of Sale and users will be required to accept them.
2. Personal account
The user is required to create a user account (personal ID or username). The user is required to maintain the confidentiality of his/her password and restrict access to his/her password and account, and the user assumes responsibility for any act performed, and any purchase concluded through his/her account.
3. Placing the Order
To purchase Products, the user shall:
- provide his/her name and address, telephone number, email address, payment details and other required information;
- provide a valid delivery address (please note that Hang Loose does not deliver to PO boxes or to automatic parcel delivery points. Our orders are shipped by courier, which will require a signature on delivery);
- if paying by debit/credit card, be the holder or authorized holder of a debit/credit card valid to purchase the Products; and
- in the case of payments made via PayPal, be the holder of a valid PayPal account for the purchase of the Products.
The user can place an order by checking out after clicking on the “ADD TO CART” key. The user agrees that his/her order(s) is(are) a proposal to purchase the Product(s) indicated in the order under these Conditions of Sale.
Each Product order is considered a separate purchase. All orders are subject to acceptance by Hang Loose, who reserves the right to refuse, without giving any explanation, any order (including, but not limited to, orders suspected of fraud). The user will be notified if Hang Loose decides not to accept the order.
The user will have the opportunity to review his/her order(s), read and accept the Conditions of Sale, check the total price and characteristics of the order(s) and the information provided, and correct any entry errors before confirming the order(s).
4. Order fulfilment and Conclusion of the Contract
Once the order(s) on Keep Out Bracelets has been finalized according to the instructions made available on the site through the online ordering process, Hang Loose will send an email to the email address provided confirming receipt of the order(s) and indicating the details of the Product(s) ordered (Confirmation of Receipt of the Order email).
The above email does not constitute acceptance of the order(s) and it is only a confirmation of receipt of the order(s) by Hang Loose.
The contract between the user and Hang Loose will be deemed to have been concluded only when Hang Loose sends the user an email confirming that the product(s) have been sent (Shipping Confirmation email).
Hang Loose will not store an accessible copy of each version of these Conditions of Sale. Hang Loose will, however, send an email with the applicable Conditions of Sale for each purchase together with the Confirmation of Receipt of the Order email, for the user’s future reference. The user will have the option to cancel his/her order at any time at firstname.lastname@example.org before receiving the Shipping Confirmation email.
5. Prices, Shipment and Handling, Charges and Taxes
The price charged for a Product is the price indicated on the information/presentation page for the individual Product at the time the order is placed by the user, and will be indicated on the confirmation page that will appear to the user on the screen after the order is finalized and in the Confirmation of Receipt of the Order email.
The prices of the Products include VAT or other applicable taxes, but do not include shipping and handling costs.
Shipping and handling charges and related VAT or other taxes will be shown separately on a summary screen before the order is finalized, as well as in the Confirmation of Receipt of the Order email. Shipping charges are determined based on the location and delivery method selected during checkout.
Payments shall be made in one of the following ways, and chosen during the checkout process:
- Credit card. The portal accepts payments through major Credit Card circuits
- The portal accepts payments through the PayPal platform, a simple and secure online payment circuit
- Installs the payment in 3 months.
- Bank transfer. A bank transfer can be ordered to:
HANG LOOSE SRL
IBAN code: IT67L0617548681000000203580
*The order will be processed only after the actual crediting on the bank account
**Note: Payment must be made within 7 working days of receipt of order, otherwise the order will be automatically cancelled.
ITALY. Normally, it takes 2-3 working days for delivery in Italy and in any case, no later than 7 working days from the email confirming the Shipment.
FOREIGN COUNTRIES. Delivery times are dictated by the international courier DHL.
As an indication, it takes 3-5 working days for delivery in Europe and in any case, no longer than 15 days. For the rest of the world the estimated delivery time is 7 working days and in any case no later than 20 days: see table on this page.
Hang Loose reserves the right to change the courier in charge of delivering the order.
Hang Loose will send you the courier name and tracking number upon confirmation of the shipment, so that the shipment can be tracked.
Each delivery will be accompanied by an Invoice (except where the customer explicitly requests to receive it by email).
In the event that the user, without any unjustifiable reason, postpones the delivery, or delays the receipt of the delivery after Hang Loose has notified the user that the delivery of the ordered items has been attempted, or in the event that the user has provided an incorrect delivery address, which has resulted in the delivery failure, the parcel will be returned to Hang Loose, and Hang Loose will be relieved of the obligation to deliver the items within the delivery date.
Orders are delivered via GLS and a signature will be required upon delivery. If no one is available for signature upon delivery, the package will be returned to the GLS warehouse. GLS will make a second delivery attempt on the next business day. If the delivery fails on the second attempt, Hang Loose will notify the user so that the user can arrange the delivery according to his/her needs. Note that the ordered items will remain available at the GLS warehouse for 10 working days from the first delivery attempt. Hang Loose shall not be liable for delay or failure to deliver if the delay or failure to deliver is caused by circumstances beyond its control, including but not limited to acts of war or terrorism, strikes, state of emergency at national or local level, failure of transport infrastructure, interruption of power supply or other utilities, earthquakes, other natural disasters, delays or delays in delivery caused by the recipient.
8. Product availability
If the Product that the user intends to order is no longer available, the user will be technically prevented from concluding the order procedure. In addition, in a few exceptional and unforeseeable cases, a Product indicated on the Website as available may become unavailable after the order has been placed; in this case, the contract between the user and Hang Loose will NOT be concluded, the user will be notified and the product will not be included in the Shipping Confirmation email that will be sent to the user. In the event that payment is made before confirmation of non-availability of the Product (e.g. via PayPal), Hang Loose will refund the amounts paid by the user as soon as possible and in any case within 30 days of the notification by Hang Loose that the Product is not available.
9. Compatibility, Product information
The user is requested to verify, at the time of the order, that the purchased Products are compatible with the intended use for which the user intends to use them. We encourage the user to use Keep Out Bracelets as the ultimate reference point at the time of the compatibility check. In the event of any discrepancy between the contents of Keep Out Bracelets and any other site (or any other source of information), the compatibility of the Products as indicated on Keep Out Bracelets at the time of purchase shall prevail. Please be aware that due to limitations of on-screen reproduction, the exact colour, size and design of items shown on-screen may differ from the actual characteristics of the products.
If the Products received by the user do not match with those ordered, or if the delivery is incomplete or there has been damage during the transport, we invite the user to receive assistance and contact Hang Loose’s Customer Care by email or phone and review the Shipping and Returns section.
10. Ownership of Products
Ownership of the Products, and the related risk, are transferred from Hang Loose to the user upon receipt of the products.
11. Withdrawal within the deadline, Return and Refund
Notice on the exercise of the right of withdrawal within the prescribed time limit
Right of withdrawal. The user can terminate the contract with Hang Loose for the item(s) purchased on Keep Out Bracelets within 14 (fourteen) days without providing any explanation, with an unequivocal statement, to be sent by email to email@example.com.
The 14-day period shall begin on receipt of the item purchased on Keep Out Bracelets or, in the case of a contract for the delivery of more than one item, on receipt of the last item of such contract or, in the case of recurring deliveries of items of the same type, not before receiving the first part of the delivery, and not before Hang Loose fulfils its reporting obligations. In order to meet the 14-day deadline, it is sufficient to send the withdrawal declaration.
Legal consequences of withdrawal. In the event of a valid withdrawal, the obligations fulfilled and the sums obtained, e.g. interests, shall be returned within 14 (fourteen) days. If the obligations fulfilled and the sums obtained, e.g. benefits resulting from the use, cannot be returned, or can be returned only in part or only in deteriorated conditions, the user is obliged to indemnify Hang Loose accordingly. The user shall only be liable to pay Hang Loose for the deterioration of the product and the sums obtained to the extent that the sums obtained or the deterioration of the product is caused by an act not dependent on the verification of the properties and functionality of the product. “Verification of the properties and functionality” means the final testing and check of the respective product as it would be possible and normal in a (non-online) retail store. The obligations to refund the amount paid will be fulfilled within 14 (fourteen) days by bank transfer. The 14-day period shall start for the user from the moment of sending the withdrawal declaration and, for Hang Loose, the said period shall start from the moment of receipt of the withdrawal declaration. However, the user can only claim his/her right to a refund after Hang Loose has received the returned item or if the user can provide proof that he/she has returned the item within the 14-day period.
Exceptions to the exercise of the right of withdrawal within the prescribed time limit. The right of withdrawal shall not apply to items produced according to the specifications provided by the user or clearly adapted to his/her personal needs.
Returns and dispute Policy. Hang Loose reserves the right to claim compensation from the user for Products returned that are found to have been damaged or used. Once Hang Loose has received and approved the returned items, Hang Loose will confirm receipt of the returned items to the user by email and provide a refund, which will be confirmed by email.
Hang Loose may also propose to the user, at his/her choice, the following options as an alternative to the right to reimbursement:
– the user may specifically authorize Hang Loose to replace the original Product with another Product; or
– the user may specifically authorize Hang Loose to issue a claim voucher.
The exercise of those rights is optional and subject to the user’s discretion and express consent. Please also review the Payments end Shipping section.
12. Guarantee and Statutory rights
The legal Keep Out guarantee lasts for 2 years and covers any defects in the workmanship and not time-consuming wear and tear, any misuse of the object, attempted repair or negligence.
Any damaged jewel must be accompanied by a guarantee certificate (or receipt/invoice) proving the date of purchase.
The manufacturer reserves the right to verify whether or not the damage to the object results from a manufacturing defect.
Keep Out uses only pure silver, one of the most beautiful and shining metals. With proper care, silver will maintain its beauty and features for many generations.
Pink and black rhodium plating is guaranteed for 6 months and is naturally faded due to acidity of the skin, perspiration and salinisation.
The user will be covered by a legal guarantee for items purchased that are proven to be defective. In such cases, the user may seek remedy (correction of the defect, or supply of a defect-free item, at his/her discretion, unless such correction or replacement is not possible or reasonably possible),
if no remedy can be claimed, terminate the contract or reduce the purchase price and claim damages.
The item purchased is free from major defects if, at the time of delivery, it is of the agreed quality. To the extent that no quality has been agreed, the item purchased shall be deemed free from material defects if:
it is fit for the use for which it is intended under the contract; and/or it is fit for the normal use for which it is intended and its quality is that normally found in items of the same type, and the purchaser can expect such quality given the type of item. The term “quality” includes those characteristics that the purchaser can expect based on the statements publicly made by the seller, the manufacturer or their representative on the specific characteristics of the purchased item, including but not limited to, in advertising or identification material, unless the seller was not aware of such statement and was not required to be aware of it, or unless, at the time of conclusion of the contract, the quality was changed, but was still of the same standard, or was not relevant to the decision to purchase the item.
Hang Loose will bear all costs necessary to remedy the defect, in particular transport, operators’ travel, labour and material costs. Hang Loose may refuse to proceed with the type of remedy chosen by the user, if such a type of remedy is possible only for disproportionate expenditure. In this context, account shall be taken, in particular, but not limited to, of the value of the item free from defects, the magnitude of the defect and the possibility of resorting to alternative remedies without causing substantial damage to the user. In such a case, the dispute will be restricted to the alternative remedy; and Hang Loose’s right to refuse the alternative remedy will remain, subject to the requirements of sentence 1 above. If Hang Loose provides a defect-free item for remedial purposes, Hang Loose may request the return of the defective item.
The user has the right to contest the defect of the purchased item only if he/she reports the defect to Hang Loose immediately after it has been detected, or immediately after he/she should reasonably have detected it. Reports of defects made within two months of their discovery shall be considered as still timely. Legal claims based on facts that would justify the non-conformity of the item purchased with the contract shall expire in two years after the dispute has been made, without prejudice to the right of the user to claim a price reduction or compensation for damages, by way of exception in legal actions to obtain payment of the price of the items purchased.
Users are requested to keep the order/invoice confirmation or send it to the recipient of the gift as original proof of purchase entitling them to the guarantee.
These Conditions of Sale set forth all of Hang Loose’s obligations and responsibilities with respect to the Sale of the Products. In particular, Hang Loose will not be obliged to ensure that the Products are suitable for the purposes of the user.
Nothing in these Conditions of Sale shall exclude or limit Hang Loose’s statutory liability for death or personal injury caused intentionally by or through the fault of Hang Loose or its employees, for damage caused intentionally by Hang Loose or due to gross negligence of Hang Loose or its employees, nor will restrict essential rights or obligations inherent in the nature of the contract, to the extent that the achievement of the purpose of the contract is compromised, or any other liability that cannot be excluded or limited by law.
Hang Loose shall have no contractual, non-contractual or other liability for loss of assets (including but not limited to loss of profit, loss of revenue, contracts, business or expected savings), loss of data, loss of goodwill or reputation, or loss or damage of any kind, or for claims by the user and/or third parties, except as expressly provided herein, and excluding damages arising from the liability of Hang Loose for death or personal injury caused intentionally by or through the fault of Hang Loose or its employees, for damages caused intentionally by Hang Loose or due to gross negligence of Hang Loose or its employees, except for actions restricting essential rights or obligations inherent in the nature of the contract, to the extent that the achievement of the purpose of the contract is compromised.
If any provision of these Conditions of Sale is deemed illegal, void or, for any reason, unenforceable, that provision shall be deemed severable from these Conditions of Sale and shall have no effect on the validity or enforceability of the remaining provisions. The illegal, void or unenforceable provision for any reason, shall be replaced by a valid provision whose economic purpose is as close as possible to the illegal, void or unenforceable provision for any reason.
Hang Loose’s Customer Care will help the users with questions or complaints about orders placed on Keep Out Bracelets.
We are willing to seek agreement on any complaints the users may have. Shouldn’t we be able to find an agreement, we inform the user that each party has the right to use the services provided by the ODR platform. Managed by the European Commission, the ODR platform is an online platform that provides businesses and customers within the European Union with a forum for out-of-court settlement of disputes concerning online sales, thus avoiding recourse to court. The out-of-court dispute resolution services available on the platform are provided free of charge, stated that no party is obliged to participate in the relevant dispute resolution procedure.
These Conditions of Sale and the purchase of Products by users from Hang Loose through Keep Out Bracelets shall be governed by, and construed in accordance with, Italian law.
In the event of a dispute arising in connection with these Conditions of Sale, the user will always have the right to bring an action before the Court of his/her place of residence or domicile.
Last updated 05 February 2019a