General Terms and Conditions of Sale

www.kiwivapor.com
Effective from: 28 May 2026

These General Terms and Conditions of Sale (hereinafter "T&Cs") govern the sale of products marketed through the website www.kiwivapor.com (hereinafter the "Site") by Motus S.r.l. as seller.

The website www.kiwivapor.com/ is owned by Motus S.r.l., which acts as the seller of the products marketed on the Site under the KIWI trademark licence and the ADM licence issued for www.kiwivapor.com.

These T&Cs are drafted in accordance with the Italian Consumer Code (Legislative Decree No. 206/2005, as amended) and Legislative Decree No. 70 of 9 April 2003 on electronic commerce.

 

Art. 1 – Seller and identification details

Sales are made by:

  • Company name: Motus S.r.l.
  • Registered office: Via Eliano 12, 00036 Palestrina (RM), Italy
  • Operating warehouse: Via Prenestina Nuova 309, 00036 Palestrina (RM), Italy
  • VAT No. / Tax Code: 18262401005
  • REA (Economic and Administrative Index) No.: RM-1772640
  • ADM warehouse excise code: RMPLI0062
  • Sole Director: Graziano Favale
  • Customer service email (orders and shipping): [email protected]
  • Technical product support and warranty: care.kiwivapor.com/
  • Certified email (PEC): [email protected]

 

Art. 2 – Definitions

For the purposes of these T&Cs:

  • a) "Products" means the KIWI-branded vaping devices, accessories, flavourings and nicotine-free neutral bases that are listed and available for purchase on the Site;
  • b) "Site" means the website www.kiwivapor.com;
  • c) "Seller" means Motus S.r.l., as identified in Art. 1;
  • d) "Customer" means any natural person of legal age who purchases Products through the Site for purposes outside their business, commercial, craft or professional activity (a consumer within the meaning of Legislative Decree 206/2005);
  • e) "Contract" means the contract concluded online between the Seller and the Customer for the purchase of one or more Products;
  • f) "Consumer Code" means Legislative Decree 206/2005, as amended.

 

Art. 3 – General provisions

3.1 – These T&Cs form an integral part of every Contract concluded through the Site.
3.2 – The Seller reserves the right to amend these T&Cs at any time. Amendments take effect from the date of publication on the Site and apply to orders placed thereafter.
3.3 – The applicable T&Cs are those in force on the date the purchase order is submitted.

 

Art. 4 – Site access and registration

4.1 – Purchases are restricted to natural persons of legal age. By completing registration or placing an order, the Customer declares that they are at least 18 years old and have the legal capacity to enter into binding contracts.
4.2 – To register, the Customer completes the online form and confirms registration via the link received by email. Registration allows the Customer to: save shipping and billing addresses; view order history; track order status; manage personal data.
4.3 – The Customer guarantees that the information provided is complete, truthful and up to date, and assumes all civil and criminal liability arising from false statements.
4.4 – Login credentials are strictly personal. The Customer undertakes to keep them safe and not to disclose them to third parties.

 

Art. 5 – Products and availability

5.1 – The Products offered are exclusively vaping devices, accessories, flavourings and nicotine-free neutral bases. The Seller does not sell nicotine-containing liquids for inhalation, pursuant to Art. 3(2) of Legislative Decree No. 141 of 26 September 2024.
5.2 – Product descriptions and images are for illustrative purposes and may differ slightly from the actual Products. The Seller undertakes to keep the information up to date.
5.3 – If an ordered Product is out of stock, the Seller will notify the Customer, who may choose between a replacement, waiting for restock, or a full refund.

 

Art. 6 – Purchase procedure and conclusion of the contract

6.1 – The Customer selects the Products, adds them to the cart and follows the guided procedure until the order is completed.
6.2 – Before final confirmation, the procedure displays: Product characteristics and quantities; total price including VAT; shipping costs; shipping and billing address; payment method; information on the right of withdrawal; links to the T&Cs and the Privacy Policy.
6.3 – The Customer may correct any errors until the order is finally submitted.
6.4 – The contract is deemed concluded when the Seller sends the order confirmation by email.
6.5 – The order form is stored in the Seller's database for the periods required by law.

 

Art. 7 – Refusal and cancellation of orders

7.1 – The Seller reserves the right to refuse orders from: Customers with an ongoing dispute; Customers who have breached the T&Cs; Customers who have provided false data or made unjustified claims.
7.2 – If an order that has already been paid is cancelled, a full refund will be issued within 14 days.

 

Art. 8 – Prices and payment terms

8.1 – All prices are in Euro and include VAT.
8.2 – Products are invoiced at the price shown on the Site at the time of the order.
8.3 – Shipping costs are borne by the Customer, unless otherwise stated in promotions, and are shown before the order is confirmed.
8.4 – Accepted payment methods: credit card (Visa, Mastercard); debit/prepaid card (Visa Debit, Maestro, Mastercard Debit); advance bank transfer. American Express and PayPal are not accepted.
8.5 – Payment must be made in full before shipment. For bank transfers, the order is processed only once the funds have been received (1–3 business days).
8.6 – Products are delivered to the address provided by the Customer when placing the order. The risk of loss of or damage to the Products passes to the Customer when the Products are physically delivered to the Customer or to a third party designated by the Customer (other than the carrier), pursuant to Art. 63 of the Consumer Code.

 

Art. 9 – Shipping and delivery

9.1 – Delivery times are shown on the Site and are estimates. The Seller is not liable for delays attributable to the carrier or to force majeure.
9.2 – When the order is shipped, the Customer receives the parcel tracking number by email.
9.3 – If delivery fails because the recipient is absent, the carrier will make a further attempt or leave a collection notice. If the parcel is returned to the sender, a new shipment will be arranged at the Customer's expense.
9.4 – Upon receipt, the Customer must check that the packaging is intact. Any anomalies must be noted with the carrier as a written reservation and reported to the Seller within 3 business days.

 

Art. 10 – Legal guarantee of conformity

10.1 – The Products are covered by the legal guarantee of conformity under Articles 128–135 of the Consumer Code for two (2) years from the date of delivery.
10.2 – In the event of a lack of conformity, the Customer is entitled to have the Product repaired or replaced or, where provided by law, to a price reduction or termination of the contract.
10.3 – For warranty claims, the Customer should contact KIWI support via care.kiwivapor.com.

 

Art. 11 – Right of withdrawal

11.1 – The Customer has the right to withdraw from the Contract within fourteen (14) days of receiving the Products, without giving any reason, pursuant to Art. 52 of the Consumer Code.
11.2 – To exercise the right of withdrawal, the Customer must send a written notice to [email protected] before the withdrawal period expires, stating the order number and the Products concerned.
11.3 – Withdrawal is subject to the following conditions: Products unused, undamaged and not tampered with; all components returned; original packaging intact; warranty seal intact where present.
11.4 – Return shipping costs are borne by the Customer.
11.5 – The price paid, less the original shipping costs, will be refunded within fourteen (14) days of receipt of the returned Products, using the same payment method used by the Customer.
11.6 – The right of withdrawal does not apply to sealed products that are not suitable for return for health protection or hygiene reasons and have been unsealed after delivery, pursuant to Art. 59(e) of the Consumer Code.

 

Art. 12 – Resale prohibition

12.1 – The Customer is expressly prohibited from reselling, transferring or distributing the purchased Products to third parties for commercial purposes. Any breach entitles the Seller to refuse future orders.

 

Art. 13 – Limitation of liability

13.1 – To the extent permitted by law, the Seller is not liable for indirect damages or loss of profit arising from the use of the Products.
13.2 – The Seller is not liable for delays caused by events beyond its reasonable control.

 

Art. 14 – Force majeure

14.1 – The Seller may suspend its obligations in the event of unforeseeable events beyond its control (wars, epidemics, natural disasters, orders of public authorities, network outages).
14.2 – If the impediment lasts for more than four (4) weeks, either party may withdraw from the Contract; the Seller will refund the Customer in full within a reasonable time.

 

Art. 15 – Intellectual property

15.1 – All content on the Site is protected by applicable intellectual property laws. Any unauthorised reproduction is prohibited.
15.2 – KIWI is a registered trademark of Vapour International d.o.o. and is used by Motus S.r.l. under licence.

 

Art. 16 – Privacy and data protection

16.1 – The processing of personal data is governed by the Privacy Policy available on the Site, in accordance with EU Regulation 2016/679 (GDPR) and Legislative Decree 196/2003.

 

Art. 17 – Alternative dispute resolution (ODR/ADR)

17.1 – Consumer Customers may use the European ODR platform: https://ec.europa.eu/consumers/odr.
17.2 – The Seller is willing to consider out-of-court mediation procedures.

 

Art. 18 – Governing law and jurisdiction

18.1 – These T&Cs are governed by Italian law.
18.2 – For consumers, the competent court is that of the Customer's place of residence or domicile, pursuant to Art. 66-bis of the Consumer Code. For non-consumer customers, the competent court is the Court of Rome.

 

Art. 19 – Final provisions

19.1 – The invalidity of any single clause does not invalidate the entire document.
19.2 – Failure to act on a breach of the T&Cs does not constitute a waiver of the right to enforce it in the future.
19.3 – These T&Cs fully replace any previous version published on the Site.