Terms & Conditions

Definitions
-  Account: the Registered Customer’s profile containing personal information and allowing operations related to Orders, including, but not limited to, order tracking, order cancellation, returns management, and information requests. The Account is strictly personal and protected by username and password.
-  BasicCard: a virtual shopping card that Customers may subscribe to in order to receive discounts and promotional offers.
-  Registered Customer: a Customer who has created an Account by providing personal information including first name, last name, date of birth, and email address.
-  Guest Customer: any natural person acting for purposes unrelated to any commercial, business, or professional activity who intends to purchase products offered for sale by K-Way.
- Customer: both Registered Customers and Guest Customers.
- General Terms and Conditions: this document containing the terms and conditions governing the sale of Products, accepted by the Customer by selecting the appropriate checkbox.
- K-Way: K-Way S.p.A. with sole shareholder (VAT No. 11606200969), registered office at Via dell’Aprica 12, 20158 Milan (MI), Italy.
- Trademarks: all registered and/or de facto trademarks appearing on the Products, in commercial communications and on the platform owned by K-Way, including, by way of example and without limitation: K-WAY;
- Order(s): the purchase of Products made by the Customer on the Platform.
- Parties: K-Way and the Customer, when jointly referred to;
- Platform: the online commercial platform related to K-Way, available at the domain https://www.k-way.co.uk/.
- Product(s): any item purchased on the Platform;

1.   Purpose

1.1. These General Terms and Conditions govern the relationship between K-Way and the Customer with regard to the Products and the use of the Platform.

2.   Applicability

2.1. The General Terms and Conditions apply to every order placed on the Platform by Customers acting as consumers under applicable consumer protection laws. By placing an order and selecting the “I Accept” checkbox, the Customer fully accepts these Terms and Conditions.

2.2. The Customer declares that they have read all the information provided during the purchasing process, that they are of legal age and/or have the capacity to act, and that they fully accept the General Terms and Conditions.

3.   Offering of Products for Sale and Submission of the Order

3.1. The Products are offered for sale on the Platform, with a specific description of their characteristics and an indication of the price per unit.

3.2. K-Way ensures that the images accompanying the Product descriptions are as accurate as possible in representing the Products. However, due to factors such as the browser and monitor used to access the Website, certain characteristics, such as color and size, may differ.

3.3. The prices of the Products indicated on the Platform are inclusive of taxes and applicable VAT as required by law, but do not include shipping costs.

3.4. The amount of shipping costs is calculated at the Order summary stage, taking into account applicable rates, the country of delivery, the value of the Order, and any promotions in effect at that time. For example, but not limited to, shipping may be free once a certain purchase threshold is exceeded (clearly indicated on the Platform), or through the application of specific discounts; alternatively, higher shipping costs may apply if the delivery address is outside of United Kingdom. In any case, the Customer will be informed of the total cost before confirming the Order.

3.5. The Customer, under their sole responsibility and based on their needs, selects the Products included in the Order, ensuring to verify the type of item selected, color, and size, and completes the procedure by following the rules and procedures of the Platform.

3.6. Product prices may be subject to change until the Order is finalized. In any case, before confirming the Order, the Customer is invited to verify the final sale price, which will be summarized at the end of the purchase process.

3.7. The Order is considered finalized when it is confirmed by K-Way via a communication sent to the email address provided by the Customer, following the successful completion of the payment process.

3.8. If K-Way, after sending the communication referred to above, detects the unavailability of one or more Products in the Order or the impossibility of shipping one or more Products in the Order, it will inform the Customer as soon as possible and refund the price of the unavailable Products. The Order remains valid and binding for any Products that are confirmed.

3.9. The Customer may not modify the Order once the purchase procedure on the Platform has been completed.

3.10. However, the Customer may cancel the Order, before it has been processed, by following these procedures:

a.In the case of a Registered Customer, by accessing the “Orders” section, selecting “Details” for the Order to be canceled, and clicking on the “CANCEL ORDER” button;

b.In the case of a Guest Customer, by clicking the “CANCEL ORDER” button at the bottom of the page opened through the “view my order” link contained in the Order confirmation email.

3.11. If the Order has already been processed and therefore the “CANCEL ORDER” button does not appear or is not selectable, the Customer may refuse delivery of the Order (completing the procedure with the courier) or activate the return procedure referred to in Article 7 of the General Conditions.

3.12.If the Order is canceled within the terms set out in Section 3.10 above, the Customer will receive a refund of the amount paid at the time the Order was finalized.

4.   Payment Terms

4.1. Payment of the price of the Products may only be made by credit or debit card (American Express, Visa, Mastercard), or via Apple Pay (available only on Mac, iPhone, and iPad devices), PayPal, and Satispay. It is also possible to use installment (or deferred) payment methods provided by PayPal, Klarna, and Scalapay. Should the Customer choose to use installment payment services offered by third-party providers, they accept the terms and conditions of such providers and expressly release K-Way from any liability arising from the use of these payment services, also declaring that they are aware that they must contact those providers directly if they require assistance.

4.2. The Order is processed exclusively in GBP (£), except for shipments, where applicable, to the United States, for which it will be processed in $ (US dollars).

4.3. At no stage of the payment process will K-Way be able to access the Customer’s card details. The Customer will be redirected to a secure website, and the card information will be communicated directly to Shopify International Ltd. (an Irish company), which handles payments on behalf of K-Way. The transmitted data will be sent securely using encrypted data transfer. The website’s security system is based on a TCP/IP protocol with 128-bit encryption, certified by VeriSign.

4.4. Under no circumstances shall K-Way be held liable for any fraudulent or improper use of credit cards by third parties during payment.

5.   Shipping

5.1. Orders may be shipped to, and returned from, the United Kingdom. Deliveries to certain offshore or non-mainland areas may be unavailable or subject to additional shipping charges and delivery times. K-Way reserves the right to exclude delivery to certain locations, including but not limited to the Channel Islands, the Isle of Man, Gibraltar, BFPO addresses, and other remote or offshore territories. Any delivery restrictions or additional charges will be communicated to the Customer during the checkout process.

5.2. The purchased Products will be delivered to the address indicated by the Customer in the Order within the timeframes specified in the Order, by K-Way and its logistics service providers, at the cost specifically indicated on the Platform prior to submitting the Order.

5.3. Delivery methods and timeframes are indicated at the conclusion of each Order, also depending on the shipping options made available on the Platform and selected by the Customer.

5.4. Delivery times indicated on the Platform are to be considered indicative. K-Way undertakes to use its best efforts to comply with them and, in any case, to deliver within a maximum of 30 (thirty) days starting from the day following the completion of the Order. Any delay or the possible delivery of Products from a single Order through multiple partial shipments will be promptly communicated to the Customer, who shall not be entitled to refuse delivery or request compensation or indemnity.

5.5. If it is not possible to deliver the Order to the Customer (due to non-acceptance, refusal of delivery, or inability to deliver after an attempt—for example, “recipient absent”), the Order will be placed in storage. In order to release it, the Customer must contact K-Way to arrange a new delivery and/or provide additional delivery information.

5.6. If the storage period persists, the goods will be returned to K-Way. Once the return shipment is received, a refund will be processed in favor of the Customer within 14 working days, using the same payment method chosen at the time of the Order, for the full value of the items previously purchased, including any shipping costs if applicable at the time of purchase.

5.7. As an alternative to delivery, where available at the time of purchase, the Customer may choose to collect the Products directly from K-Way stores participating in the in-store pickup service, as expressly listed on the Platform. In such case, the arrival of the Products at the selected store will be notified to the Customer by email, and the Customer will have 10 (ten) days from the date of such notification to collect the Products by presenting a copy of the shipping confirmation email and an identification document. If the Products are not collected within the specified time limit, the purchase contract shall be automatically terminated and the price refunded to the Customer. In any case, it will not be possible to make payment in-store; only online payment methods are accepted.

6.   Delivery of the Products

6.1. It is the Customer’s responsibility to promptly verify, as soon as possible, that:

a. the number of Products corresponds to what is indicated in the Order and includes all purchased Products;

b. the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials;

c. Products are provided with the appropriate label.

6.2. Should any irregularities be found with respect to points a., b., and c. of the preceding article, the Customer, without prejudice to the provisions of Article 8 of the General Conditions, is required to document everything by means of photographs and promptly inform K-Way through the dedicated form available on the Platform, within 10 (ten) days from delivery.

6.3. If the photographs are submitted within the time limits set out in Section 6.2 and effectively demonstrate deficiencies with respect to points a., b., and c. of Article 6.1, the Customer may initiate the return procedure described in Section 7.3, and K-Way will proceed with a refund of the price of the returned Products.

6.4. Failure to submit notifications regarding points a., b., and c. of Article 6.1, concerning issues related to the delivery of the Products, will result in the loss of the right to contest defects where such defects are a direct consequence of the delivery method of the Products.

7.   Right of Return

7.1. In accordance with applicable law, for any purchase of Products made on the Platform, the Customer has 30 days from receipt of the Product to exercise the right of withdrawal, without having to provide any reason or incur any costs, except as specified in Article 7.3 regarding shipping costs. Once the online return procedure has been completed, the Customer will have 14 days to ship the Products.

7.2. If the Customer does not ship the returned Products within the timeframe set out in Article 7.1, the Products shall be deemed definitively accepted and it will no longer be possible to proceed with the return.

7.3. To exercise the right of withdrawal referred to in Article 7.1 above, the Customer may access the dedicated page to submit a return request (by entering the required details).

7.4. In the event of withdrawal, the Customer must return the Products using one of the following methods, at their choice:

a.by sending the Product(s) subject to return to the address indicated in the Returns Form using the courier selected by K-Way, also indicated in the Returns Form (this return method will be at K-Way’s expense and therefore will not involve any cost for the Customer);

b. by sending the Product(s) subject to return to the address indicated in the Returns Form using a courier selected and appointed directly by the Customer (in this case, the Customer will bear all shipping costs);

c.by delivering the Product(s) subject to return to one of the K-Way group stores located in Italy and listed on the Platform (the Customer must deliver the Product(s) together with the Returns Form and present valid identification).

7.5.  The Customer will receive an email confirming the exercise of the right of withdrawal and will be informed about the status of the return.

7.6. In the event of withdrawal, the Customer will be reimbursed for the payments made, including the initial delivery costs, except in the case of partial returns of an Order, for which any initial delivery costs will not be refunded.

7.7. The refund will take into account only the price actually paid by the Customer at the time of purchase, including any discounts and promotions.

7.8. The refund will be issued within 14 (fourteen) days from confirmation of receipt of the return, subject to K-Way’s receipt and verification of the condition of the returned Products, using the same payment method used to confirm the Order. Refund requests via other payment methods will not be accepted.

7.9. If K-Way identifies any discrepancies in the returned Products compared to what was declared, it will notify the Customer by email of the decrease in value of the returned Products, resulting from non-compliance with the aforementioned conditions, and will indicate the amount to be deducted from the refund or the total denial of the refund. Alternatively, the Customer may choose to have the Products returned to them, at their own expense, in the condition in which they were received by K-Way.

8.   Product Warranty

8.1. K-Way guarantees the Products for a period of two years.

8.2. The Customer is required to demonstrate the actual existence of defects of conformity of the Products by providing: i) images of the non-conforming Product; i) immagini del Prodotto non Conforme; ii) a description of the defects found in the non-conforming Product.

8.3. Defects of conformity include abrasions, unstitched seams, and cuts that do not result from improper or unsuitable use of the Product by the Customer, as well as qualitative and/or aesthetic defects or differences compared to the sample on the basis of which the Product Order was created. Differences relating to color tone, size, proportions, material, and/or other characteristics that are not immediately noticeable or not significant shall not constitute defects of conformity of the Product.

8.4. Without prejudice to the provisions of UK consumer legislation, if K-Way deems the report referred to in the previous paragraph to be well-founded, it will collect the non-conforming Product from the Customer at its own expense and proceed with a full refund of the non-conforming Product once the actual presence of the reported defects has been verified.

8.5. If, following examination of the non-conforming Product, it is found that the Product does not present the defects claimed by the Customer, K-Way will return it to the Customer at the Customer’s expense and no refund will be issued.

8.6. K-Way shall in no way be held liable for indirect and/or consequential damages arising from any defects of the Product, and the Customer acknowledges that no liability shall in any case be attributed to Basic Italia for such damages.

9.   Industrial Property Rights

9.1. All Products bear the Trademarks, of which K-Way is the owner.

9.2. The Customer acknowledges that all trademarks, names, as well as any distinctive signs, denominations, images, photographs, written or graphic content used on the Platform or relating to the Products are and remain the exclusive property of K-Way and the Owner and/or its successors in title. No rights over such elements shall arise in favor of the Customer as a result of accessing the Platform and/or purchasing the Products.

9.3. The content of the Platform may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of K-Way.

9.4. The Customer undertakes not to use the Trademarks in any manner that may lead the public to believe that there is an economic link between them and K-Way, or in any way that may harm the reputation of the Trademarks.

10.   Partial Invalidity

10.1. Should one or more provisions of the General Conditions be deemed invalid or ineffective under the laws of any jurisdiction, the remaining provisions shall remain fully valid and effective.

11.   Communications

11.1. All communications and notices concerning the execution and application of the General Conditions shall be sent to the Customer by email at the following address: info@k-way.co.uk.

12.  Processing of Personal Data

12.1. All information relating to the processing of personal data may be consulted by the Customer at the link.

13.   FAQ

13.1. The Platform includes a section called FAQ (Frequently Asked Questions), which answers the most common questions submitted by Customers and clarifies and specifies the rules set out in the General Conditions.

13.2. In the event of a conflict between the FAQs referred to in the preceding paragraph and the rules contained in the General Conditions, the latter shall prevail.

14.   Applicable Law and Jurisdiction

14.1. These General Conditions are governed by laws of England and Wales and, in particular, by the Consumer Code.

14.2. In the event of a dispute, an amicable solution will be sought in advance. Failing such amicable agreement between the parties, the dispute shall fall under the exclusive jurisdiction of the court of the place of residence or domicile of the Customer.