Terms of Sale

General conditions of e-commerce sales

Effective from 04/30/2024

These General Conditions of Sale govern the offer and sale of products on this website www.keepupshop.com

The products marketed on the Site are offered and sold by the company Keepup Società Benefit srl, with registered office in Udine, Vicolo Gorgo 8, tax code, VAT number 02972550301 and registration number in the Company Register of UD 353489 (hereinafter for brevity referred to only as "Keepup" or "Seller"). All content present or displayed on the Site, including, by way of example, text, graphics, photographs, images, moving images, sounds, illustrations and software (hereinafter referred to cumulatively as "Site Content"), are the property of Keepup Società Benefit Srl of its licensors or its suppliers and are protected by European and Italian laws that protect copyright and intellectual and industrial property rights. No part or element of the Site or its Content may be copied or retransmitted by any means and the Site, its Content and all related rights will remain the exclusive property of Keepup Società Benefit Srl or its licensors, unless otherwise agreed in writing under penalty of nullity, with the exception of these General Conditions of Sale, the storage and reproduction of which is permitted.

Before proceeding with the purchase of products online on the Site, the User is required to carefully read and accept these General Conditions of Sale that the Seller makes available to him in the " Conditions of Sale " section.

  1. Definitions, object and scope of application

1.1 Definitions .

In these general conditions, the terms indicated with a capital letter, singular or plural, will have the meaning indicated below, unless a different meaning is explicitly stated:

  • “Force Majeure”: means events beyond the control of the Seller, including but not limited to pandemics and epidemics or other natural disasters, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence or failure of public or private telecommunications networks;
  • “Consumer Code”: Legislative Decree 6 September 2005, n. 206, and subsequent amendments and additions, as in force on the date of publication of the General Conditions;
  • “General Conditions of Sale” or simply “General Conditions”: these General Conditions for the sale of Products on the Site, which constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Consumer Code and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce;
  • “Order Confirmation”: the declaration of confirmation of the Order issued by the Seller, as provided in the General Conditions;
  • “Consumer”: pursuant to art. 3, paragraph I, letter a) of the Consumer Code, natural persons who, in relation to the purchase of the Products, act for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out and who use the Platform, in a personal capacity, in accordance with the Terms of Use;
  • “ Cookie Policy ”: the information provided to Users regarding the use of cookies through the site, including how to set the related preferences;
  • “Credentials”: ​​username and password, which the User will be asked to choose at the time of Registration. The Credentials chosen by the User during Registration allow subsequent access to the “Account” area;
  • “GDPR”: EU Regulation 679/2016 and subsequent amendments and additions regarding the processing of personal data;
  • “Total Amount Due”: the total amount due, consisting of the price of the Product, Shipping costs, if applicable, and any other additional costs, as resulting from the Order Confirmation;
  • “Order Form”: method of issuing the Order without Registration, for the purchase of the Products pursuant to art. 4.2 of these General Conditions;
  • “Account”: the User's personal profile, which is activated only upon Registration and which is subsequently made accessible to the User, upon insertion of the Credentials, for access to the Platform, as provided for in the General Conditions;
  • “Order”: the purchase proposal issued by the User via Account or by completing the specific Order Form on the Site, as provided for in art. 4.2 of the General Conditions;
  • “Multiple Order”: means Orders having as their object a plurality of products;
  • “Party” or “Parties”: the Seller and/or the User, separately or jointly;
  • “Platform”: the online platform for the sale of Products, accessible through the Site. The Seller may connect or associate with sites, hosted platforms. It will be possible to connect to such third-party services through the Platform in compliance with the conditions of use as better specified in the Terms of Use of the Site as well as the applicable legislation on the processing of personal data;
  • “Product” and “Product Sheet”: product sold by the Seller via the Platform, of the quality and quantity declared in the relevant product sheet, which indicates the main characteristics as well as the price including VAT;
  • “Professional”: the User who is not defined as a Consumer pursuant to the Consumer Code and these General Conditions;
  • “Registration”: registration of the User, with e-mail and password (the first will function as username) for the creation of the Account and the release of the Credentials;
  • “Platform Services” or simply the “Services”: the services provided by the Seller and/or the Manager through the Platform, which consist of making available to Users information services on the Products, as per the relevant Product Sheets, sales, after-sales and customer service services, services in the event of withdrawal, returns or complaints;
  • “Site”: the website www.keepupshop.com ;
  • “Shipping”: means the delivery of the Product by the Seller to the courier, for shipment to the address indicated by the User with the Order;
  • “User”: the person who uses the Site and/or the Platform to place Orders and purchase Products as a Consumer or Professional.

1.2 These General Conditions of Sale apply to all sales of Products made through the Platform. By accessing the Platform and clicking on the specific “accept” button and/or using the Platform Services.

1.3 If the General Conditions are accepted on behalf of third parties (natural or legal persons, entities, associations or other subjects), the User declares and guarantees that he/she has the powers of representation and, in any case, that he/she is legitimately authorised to accept the General Conditions, thereby binding the represented subject.

1.4 If the User does not accept these General Conditions, he/she will not be able to access and/or otherwise use the Platform and/or the Services.

1.5 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site, in the “ Conditions of Sale ” section. Users are therefore invited to regularly access the Site and consult the most updated version of the General Conditions of Sale, before making any purchase. Continued use of the Platform and/or the Services following the publication of the modifications to these General Conditions will imply acceptance of such modifications.

1.6 The applicable General Conditions of Sale are those last in force and published on the Site.

1.7 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than the Seller who are present on the Site via links, banners or other hypertext connections.

  1. Access to the site, registration and purchases on the site

2.1. The purchase of Products on the Platform, in the manner set out in Articles 3 and 4 below, is permitted only to persons who are at least 18 years of age. The User declares and guarantees that he or she has reached the age of majority and that he or she has the legal capacity required by law to accept the General Conditions and undertakes to comply with the provisions thereof, specifying that the Services are not intended for minors under 18 years of age. The Seller and/or the Manager reserve the right to verify with reliable, legal and permitted means whether a User is actually a person over 18 years of age, if necessary, prohibiting access to the Services and/or cancelling the User's Account. Persons under 18 years of age may not make purchases on the Site. It is therefore prohibited for such persons to proceed with Registration and make purchases on the Site.

The buyer who is not an Italian citizen can purchase Products on the Site only if he/she is of legal age according to his/her national law. The User who makes purchases on the Site undertakes to indemnify the Seller from any liability in the event that he/she has made purchases on the Site without respecting his/her national law regarding purchase limits for reasons of age.

2.2. The User undertakes to comply with the General Conditions and acknowledges that the Seller reserves the right, at its sole discretion, to refuse, cancel and/or delete Product Orders that come from: i) a User with whom the Seller has an ongoing legal dispute, including for the recovery of any sums of money or credits; ii) a User who has violated the General Conditions; iii) a User who has been involved, to the extent known to the Seller, according to news and information not expressly confidential and/or in the public domain, in fraud of any kind and, in particular, in fraud relating to credit card payments; iv) Users who have provided false, incomplete or otherwise inaccurate identification data during Registration and/or when issuing the Order.

  1. Registration and purchases via account

3.1 The User may always register for free. Registration is not mandatory. Upon Registration, the User will enter the Credentials to allow access to the Account and the Credentials will be subsequently requested at each access. When creating your Account, you must provide accurate and complete data and information. Any personal data collected through Registration will be processed as indicated in the Privacy Policy.

3.2 In the event of a request to cancel the Account, the Seller may temporarily maintain, in whole or in part, the account information for the sole purpose of executing any purchases made and/or being able to conclude accounting or tax procedures.

  1. Purchases via platform

4.1 Purchases of Products on the Platform occur with the issuance of the Order: i. via Account, as provided for in art. 3 of the General Conditions; ii. as an unregistered User and completion of the specific Order Form by clicking on “Add to cart” to issue the Order, with an order to pay, as provided for in art. 4.2.

4.2 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, and in any case in compliance with the provisions of the Privacy Policy, the Seller informs the User that:

  1. i) to conclude the purchase contract for one or more Products on the Site, the User must complete the Order in electronic format, by clicking on the appropriate “Add to Cart” button where it will be possible to complete the “Order Form with obligation to pay” and must transmit it to the Platform electronically, following the instructions that will appear from time to time on the Site, proceeding with the payment of the Total Amount Due, as provided for in art. 6 of the General Conditions and indicating the Shipping address, as established in the following art. 9;
  2. ii) Before sending, the Customer will view a summary of the Purchase Order, and will have the opportunity to make any changes deemed necessary and correct any errors in data entry by following the instructions on the Site. This summary will highlight, among other things, shipping costs and estimated delivery times; the latter are to be considered merely indicative and not binding for the Seller.

When placing the Order, with the Account or with the issuance of the Order Form, as provided for in articles 3 and 4.2 of the General Conditions, the User will be asked to enter his/her identification data (name, surname, address of residence or headquarters, telephone number, etc.). Additional data for billing will be requested pursuant to art. 6.5 and Shipping data. The personal data collected with the issuance of the Order will be processed by the Seller and/or the Shipping Agent and/or by third parties who provide services for the functioning of the Platform as provided for in the Privacy Policy.

4.3 Once the Order has been received and registered on the Platform - issued with an Account or with the Order Form, as provided for in articles 3 and 4.2 of the General Conditions - and confirmation of the validity of the payment method used, as well as the Shipping address, as provided for in articles 6 and 9 of the General Conditions, the Order Confirmation will be sent to the User, via email to the email address indicated at the time of the Order, and in an automated manner, according to the functionality of the Platform. The purchase contract is concluded upon issuance of the Order Confirmation containing:

  1. information relating to the essential characteristics of the purchased Product and the relevant Product Sheet;
  2. a link to the applicable General Conditions of Sale;
  3. a summary of the purchase made;
  4. the detailed indication of the price, shipping costs and applicable taxes;
  5. the approximate delivery times.

It is recommended that you keep the email you received as proof of purchase.

4.4 The Order Confirmation will be archived in the Platform database for the time necessary for its execution and, in any case, within the terms of the law.

4.5 The languages ​​available to Users for issuing the Order and the Order Confirmation, as provided for in articles 3 and 4.2 of the General Conditions, vary depending on the country of shipment and may be Italian, English, Spanish and French. Customer Service, as provided for in art. 12 of the General Conditions, is able to communicate with Users in the same languages.

4.6 It is specified that the Seller does not accept orders by telephone and/or e-mail or in ways other than those provided for in articles 3 and 4.2 above. Orders by telephone and/or e-mail are therefore prohibited.

  1. Product Information; Product Pricing and Availability.

5.1 The Products for sale are those described on the pages of the Site, where each Product is accompanied by a Product Sheet. In any case, it is understood that such information may be subject to periodic changes and updates, for the purpose of further improving the Product.

In any case of purchase, made pursuant to articles 3 and 4 of the General Conditions, the description of the Product contained in the Product Sheet will be valid, as indicated in the Order issued with Account or with the Order Confirmation.

5.2 All prices of the Products published on the Site are expressed in Euros and are inclusive of Value Added Tax (VAT). Any additional costs will be expressly and separately indicated in the Order form, before the User proceeds to issue the same. If the Products are to be delivered to a country outside the European Union, the Customer must pay any customs duties and any other sales tax, in accordance with the regulations in force in the country of delivery of the Products.

Before sending the Order, the User is invited to inquire about the existence of duties or taxes applied by the country of destination of the Products.

Any additional costs, charges, taxes and duties not explicitly indicated in the Order summary are the sole responsibility of the User.

The User declares to be aware of the fact that his/her lack of knowledge of costs, charges, duties, taxes and charges not explicitly indicated in the Order cannot constitute a reason for termination of the purchase contract nor can it be charged in any way to the Seller.

5.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the User will be the one published on the Product Sheet at the time of issuing the Order with Account and/or the Order Confirmation, as provided for in articles 3 and 4.2 of the General Conditions and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.

5.4 Products may be offered for sale on the Site at discounted prices. The price indicated on the Site and on which the discount applied by the Seller is calculated, if applicable, corresponds to the list price published on the Site.

5.5 In the event that a Product is offered on the Site at a discounted price, the full reference price on which the discount is calculated will also be indicated in the Product Sheet.

5.6. The Shipping costs of the Products may be fixed or variable, calculated based on the number of Products selected and/or the destination address of the Products, as per Order Confirmation. The Shipping costs may also be included in the sale price of some Products or be free if the total amount of the Order is higher than a certain value or following a specific promotion. In any case, the User is always informed of the amount of the Shipping costs before completing the purchase procedure, issuing the Order and making the payment.

The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple Users purchase the same Product at the same time, that the ordered Product is no longer available, following the transmission of the Order .

5.7 In any case of unavailability of the Product indicated in the Order, without prejudice to the other rights attributed to the User by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the Seller will immediately notify the User by e-mail to the e-mail address indicated at the time of the Order or Registration on the Site. The Seller, therefore, will not proceed in this case to issue the Order Confirmation and the purchase will therefore not be completed.

5.8 In the event that the Consumer User exercises the right of Withdrawal, pursuant to art. 61, paragraphs IV and V of the Consumer Code, and the payment of the Total Amount Due has already occurred, the Seller will refund the Amount of the goods without undue delay and, in any case, within fourteen (14) calendar days from receipt of the withdrawal notice sent by the User. In any case, reference is made to the provisions of the Consumer Information on withdrawal. The amount of the refund will be communicated to the User by email to the email address indicated during Registration on the Site or when the Order Confirmation is issued and credited to the same payment method used by the User for the purchase. Any delays in crediting may depend on the type of credit card or payment solution used. In any case, the value date of the re-credited amount will be the same as the debit.

5.9 The previous paragraphs 7 and 8 will also be applied in the case of a Multiple Order if (i) all the Products in the Multiple Order are unavailable or (ii) only some of them, it being understood that in the latter case they will apply exclusively in relation to the unavailable Products.

  1. Payments

6.1 By issuing the Order, in the manner provided for in articles 3 and 4.2 of the General Conditions, the User will pay the Total Amount Due, according to the payment methods provided for in the following art. 8 of the General Conditions. The issuing of the Order implies the obligation to pay and the Platform will issue the Order Confirmation only after receiving confirmation of the successful payment of the Total Amount Due, except in any case as provided for in the following art. 9 with regard to the Shipping address.

6.2 In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, no Order Confirmation will be issued, the Order will be cancelled/cancelled and the purchase contract will be deemed not to have been perfected.

The User will be notified by email to the email address indicated during Registration on the Site and/or the Order issued pursuant to art. 4.2 of the General Conditions of the failure to issue the Order Confirmation and the consequent cancellation of the Order.

6.3 The Products will remain the property of the Seller until the Order Confirmation has been issued.

6.4 In the Order Confirmation email the User will also find the Order number, which he/she must then use in any subsequent communication with the Seller, as well as the billing address.

  1. Right of withdrawal

7.1 The Consumer User has the right to withdraw from the Product purchase contract, without having to provide any reason within fourteen (14) calendar days from receipt of the Products without having to bear costs other than those provided for in the Consumer Information and which the User expressly declares to have seen and accepted and to which reference is made as attached documents and an integral part of these General Conditions.

7.2 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, in the General Conditions and in the Withdrawal and Returns Information for the consumer, it will not entail the termination of the contract and, consequently, will not give the right to any return or refund.

  1. Payment Methods

8.1 The payment of the Total Amount Due can be made by: credit or debit card or by other payment methods, indicated in the payment section of the Site, as provided directly by the managers of the chosen payment services. If the Customer makes the payment by credit card, the transaction will take place via a protected site to which the Customer will be automatically directed after having opted for this payment method.

Transactions will take place through the STRIPE Inc. platform, with registered office at 510 Townsend St.- CA 94103 – San Francisco.

The data will be transmitted to this operator in protected mode, through encrypted transfer with a 128-bit SSL (SecureSocketLayer) system.

If the User selects a different payment method, he/she will be redirected to the websites of the chosen payment service providers and will have to pay the Total Amount Due according to the authentication and payment procedure provided for and regulated by such providers, according to the terms and conditions of the contract agreed between the User and such providers, authorising the Seller from now on. to receive the data.

8.2 In order to guarantee the security of payments, Users are reminded that the payment service providers chosen according to the methods set out in art. 8.1 may, through automated systems, request the User to recognise the data indicated by the User, before proceeding with the payment of the Total Amount Due.

8.3 In the event of failure to authenticate the data, as provided for in art. 8.2 above, with consequent failure to pay the Total Amount Due, the Order issued via Account or pursuant to art. 4.2 of the General Conditions will be cancelled and the Seller will not proceed with the Order Confirmation.

8.4 The personal and confidential data relating to the means of payment used (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager indicated in art. 8.1 without passing through the Platform and servers used by the Seller, according to the security procedures implemented by the Seller and the Manager, as provided for in the Privacy Policy. The Seller therefore never has access to and does not store the data relating to the means of payment used by the User to pay for the Products.

8.5 In addition to the payment methods described above, to purchase products it is possible to use the credit included in the “Gift Card”. The Gift Card can be purchased at the Keepup store and on the Site. The Gift Card can be used one or more times to pay for an order until the amount of the available credit is reached, possibly completed by another form of payment accepted among those indicated above, with the sole exclusion of cash on delivery. Terms, conditions and methods of use of the Gift Card can be viewed at the following link https://www.keepupshop.com/pages/gift-card .

8.6 Regarding liability in payment methods, Keepup assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, or of the Gift Card when paying for the products purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

  1. Shipping of products – Consumer Services

9.1 The Shipping of the Products purchased on the Site is carried out to the Shipping address indicated by the User and reported in the Order Confirmation within the expected delivery times indicated in the Order Confirmation. The Shipping obligation is fulfilled by transferring the material availability or in any case the control of the Products to the User. The risk of loss or damage to the Products for reasons not attributable to the Seller, will be transferred to the User, when the latter, or a third party designated by him and other than the courier, physically takes possession of the Products following the Shipment.

9.2 The Seller will ship the Products purchased on the Site exclusively to Italy, Austria, Belgium, Bulgaria, Czechia, Croatia, Denmark, France, Germany, Greece, Luxembourg, Netherlands, Poland, Portugal (with the exception of the Azores and Madeira), Romania, Slovakia, Slovenia, Spain, Hungary. The Seller reserves the right to change the Countries and geographical areas without notice. Such changes apply only to orders not yet confirmed on the date of the change.

Furthermore, the shipment cannot be made to PO boxes or post offices.

9.3. In the event that the Shipping address is in an excluded country or in a PO box or post office, the Seller will not proceed with issuing the Order Confirmation.

9.4 The shipping costs of the Products, which may vary in relation to the shipping method chosen by the User, and any other additional costs are the responsibility of the User, as reported in the Total Amount Due.

Their amount will be expressly and separately indicated (in Euros and including VAT) in the Product Sheet and in the Order Confirmation.

9.5 The Shipping terms are those indicated in the Order Confirmation. They start from the issue of the Order Confirmation. In the event of failure to indicate a Shipping term, it will take place, in any case, within thirty days from the date of issue of the Order Confirmation. The Shipping terms are calculated considering only working days and therefore excluding Saturdays, Sundays and holidays.

9.6 At the time of Shipment, i.e. delivery of the Products to the courier, the User will be sent an email confirming the Shipment, containing a link that will allow the progress of the Shipment to be followed.

9.7 It is the User's responsibility to check the condition of the Product delivered to him/her. Therefore, the User is advised to check the integrity of the packaging and the number of Products received and, where possible, to indicate any anomalies on the carrier's transport document. In the event that the packaging shows obvious signs of tampering or alteration, the User is advised to refuse delivery by the carrier/shipper or to accept delivery "with reservation" and, in both cases, to promptly notify Customer Service. The application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged. For Professional Users, the guarantees pursuant to the law apply.

9.8 The User acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In the event of failure to Ship due to the absence of the recipient at the address specified in the Order Confirmation, the courier will leave a notice of passage in the letterbox containing the number to contact him. The courier will then make a second delivery attempt. After two failed delivery attempts, the package will go "in storage". Customer Service will then send an email to the User in order to release the storage and ensure that the package is delivered to him as soon as possible. If necessary, Customer Service may agree with the User to change the Shipping address. If this attempt also fails or the User does not respond to the contact attempt of Customer Service, the Product will be returned to the Seller and, in any case, after 14 calendar days from the first delivery attempt, the contract will be considered terminated and the Purchase Order consequently cancelled pursuant to art. 1456 of the Civil Code.

The Seller will then proceed, within fourteen (14) working days following the termination of the contract, to refund the Total Amount Due paid by the User, minus the costs of the unsuccessful delivery of the Product, the costs of returning it to the Seller and any other costs incurred due to the failed delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user via email.

In the event that, before the expiry of the thirty-day period, the User requests to receive the Product again, the Seller will proceed with the new Shipment after charging, in addition to the costs of the same, the costs of returning the Product to the Seller and the storage costs.

9.9 In the event that the purchased Product is not delivered or is delivered late with respect to the Shipping terms indicated in the Order Confirmation, the Consumer User, pursuant to art. 61 of the Consumer Code, invites the Seller to make the delivery within an additional period appropriate to the circumstances (“Additional Period pursuant to art. 61, co. III, Consumer Code”). If such additional period expires without the Products having been delivered, the User is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, co. III, Consumer Code”), without prejudice to the right to compensation for damages.

The User is not burdened with the obligation to grant the Seller the Additional Term pursuant to art. 61, paragraph III, Consumer Code (“Excluded Cases”) if a) the Seller has expressly refused to deliver the Products; b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the User has informed the Seller, before the conclusion of the contract, that delivery within or on a specific date is essential. In the Excluded Cases, if the User does not receive the Products within the delivery deadline indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in the Excluded Cases”).

The indication of the Additional Term pursuant to art. 61, co. III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, co. III, Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the User to the Seller at the addresses indicated in art. 13 below.

In the event of Termination of the Contract pursuant to art. 61, co. III, Consumer Code or Termination in the Excluded Cases, the Seller will refund the Consumer User the Total Amount Due without undue delay. The refund will take place in accordance with the procedures set out in art. 9.11 below.

The User shall have the right to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code.

9.10 In all cases in which a refund is due to the User, as provided for in this art. 9, the refund amount will be communicated to the User by email. It will be credited to the same payment method used by the User for the purchase. Any delays may depend on the type of credit card used or the payment solution used. In any case, the value date of the refunded amount will be the same as the debit.

  1. Legal guarantee of conformity

10.1 The Products sold on the Platform accessible to the Site may be covered, for Consumers, by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (“Legal Consumer Guarantee”). It is understood that the Legal Guarantee is reserved exclusively for Consumers, while for Professional Users the legal guarantees applicable to them apply.

  1. Applicable law and competent court, out-of-court settlement of disputes – Alternative Dispute Resolution (ADR)

11.1 The General Conditions are governed by Italian law, expressly excluding the application of the so-called Vienna Convention.

11.2 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the competent court for the Consumer is the court of the place where the User resides or has elected domicile. For Professional Users, the competent court is that of Udine.

11.3 The application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communicating the same and the legal guarantee of conformity.

11.4 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the User who qualifies as a Consumer that, in the event that he has submitted a complaint to the Seller, following which it has not been possible to find a negotiated solution, the Seller will provide information regarding the Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded with the Consumer on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).

11.5 The Seller also informs the User who has the qualification of Consumer that a European platform for the online resolution of Consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the Consumer User will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.

11.6 In any case, the right of the Consumer User to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promoting an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

11.7 The User who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu .

  1. Customer Service

12.1 The User may request information, send communications, request assistance or forward returns or complaints by contacting Customer Service in the following ways:

-by email, to the address: customer@keepupshop.com

Customer Service will respond within five working days of receiving requests by email, to the address provided during Registration or when issuing the Order Form. To this end, the User's personal data will be processed as provided in the Privacy Policy.

  1. Privacy and Cookies

The Seller guarantees that the User's personal data are collected and processed in compliance with the GDPR and applicable legislation on the processing of personal data.

The User is required to read and refer to the provisions of the Privacy Policy and the Cookie Policy, which are to be considered an integral and substantial part of these General Conditions.

If necessary, for the use of specific services, the User may also be asked to give express consent to the processing of his/her personal data.

  1. Force majeure causes

14.1 If Causes of Force Majeure occur which affect the fulfillment of the obligations of the Seller and/or Manager under these General Conditions:

  1. the User will be contacted as soon as reasonably possible to communicate this;
  2. the obligations of the Seller and/or Manager under these General Conditions will be suspended and the deadline for fulfilling such obligations will be extended for the duration of the Force Majeure Event.

14.2 In the event that the Causes of Force Majeure affect the delivery times of the Product, the Seller will take care to organize a new Shipping date following the resolution of such Cause. In any case, the right of Withdrawal remains applicable to the Consumer.

  1. Express double acceptance

Pursuant to and for the purposes of Article 1341 of the Italian Civil Code , the User declares to have carefully read the following articles, the content of which he specifically approves: art. 5 (Product Information; Product Prices and Availability), art. 7 (Right of Withdrawal), Art. 11 (Applicable Law and Competent Court, Out-of-Court Settlement of Disputes – Alternative Dispute Resolution (ADR).