Terms of sale

The offer and sale of products on our website mckees.it are governed by the following General Terms and Conditions of Sale.
Products purchased from mckees.it are sold directly by PROXIMA S.R.L.

Registered Office:
PROXIMA S.R.L.
via Colombo 19, 31015 Conegliano (TV)
P. IVA 03680810268 - REA: TV-290108
PEC: pec@pec.proximasrl.com

WHEREAS:
In compliance with national and international regulations governing electronic commerce, our goal is to enable consumers to purchase household linen, accessories and clothing items online.

Customer represents and warrants:

  • that he/she is of legal age;

  • that the data provided by him/her for the execution of the Contract are correct and true; that, whenever he/she proceeds with a purchase, he/she has read the Privacy Policy, the Cookie Policy, the Shipping and Returns Policy and the General Terms and Conditions of Sale, specified below, and accepts them.

The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005, on the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of April 9, 2003 ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce").

The following General Terms and Conditions of Sale may be modified by PROXIMA S.R.L., without prior notice, including in consideration of any regulatory changes, subject to the user's right of withdrawal. Any changes and/or new conditions will be in force from the moment of their publication on the site. The applicable General Terms and Conditions are those in force on the date the purchase order is sent.

The following General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than PROXIMA S.R.L. that may be present on the site mckees.it through links, banners or other hypertext links.

PROXIMA S.R.L. reserves the right to refuse, at its sole discretion, the registration of a user. PROXIMA S.R.L. also reserves the right not to accept orders, from whomever they may come from, that are in any way abnormal in terms of, but not limited to, quantity, frequency, mode.


CONCLUSIONOF THE CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS OF SALE

1.1. Before proceeding to the conclusion of a contract of sale, it is necessary to register on the Site, entering your name, surname, email address and password (hereinafter "registration credentials"). Registration on the Site is free of charge. Registration is confirmed by email sent to the address provided by the user. Registration credentials are to be used exclusively by the user and cannot be given to third parties. The user shall hold PROXIMA S.R.L. harmless from any indemnity obligation, penalty arising from and/or in any way related to the violation by the user of the rules on registration to the Site. The user is solely responsible for access to the Site using the Registration Credentials and is directly liable for any damage or harm caused to PROXIMA S.R.L. or third parties by improper use, loss, misappropriation by others or failure to protect adequate secrecy of their Registration Credentials. All transactions carried out through the Registration Credentials are considered to have been carried out by the customer to whom the Credentials refer.
Failure to provide or incorrect provision of data necessarily entails the impossibility of fulfilling the obligations arising from the contract of sale and purchase that may have been concluded.

1.2. The order, only if completed in all its parts and if accepted, will be stored in the database of PROXIMA S.R.L. for the period of time necessary for processing and in any case within the terms of the law.

1.3. Contracts for the sale of products on the site mckees.it, are considered concluded when the purchase order, in electronic format, is transmitted electronically by the customer to PROXIMA S.R.L. following the instructions that will appear from time to time on the site and the latter accepts it by sending to the user, at the e-mail address indicated, a confirmation e-mail containing a link with which to access a summary of the General Conditions of Sale, information relating to the characteristics of the product purchased, detailed indication of the price, the means of payment used, the procedures for exercising the right of withdrawal, shipping costs and any additional costs. In any case, no contract will be considered concluded, without the customer having telematically accepted the General Conditions of Sale during the purchase.

1.4. The customer, by telematically sending his purchase order, declares that he has read and accepted these General Terms and Conditions of Sale and undertakes to observe and comply with them in his dealings with PROXIMA S.R.L..


PROCESSING OF PERSONAL DATA

2.1. You may obtain information on how we process your personal data by accessing the Privacy Policy.
2.2. For any other information about our Privacy Policy you may contact our Customer Service, selecting "Privacy", or send inquiries to the e-mail address: customerservice@mckees.it or to the address of the Seller's registered office.


CUSTOMER OBLIGATIONS

3.1. The Customer is obliged, before submitting his purchase order, to carefully read these General Terms and Conditions of Sale. The submission of the purchase order implies their full knowledge and acceptance.


PURCHASE MODALITIES

4.1. The offers published on the Site are available in limited time duration and with limited quantity of products. The validity date of the offers is indicated on the Site.

4.2. The prices quoted for each item offered for sale by PROXIMA S.R.L. on the Site are expressed in Euros and are to the public including VAT and packaging, excluding shipping costs. PROXIMA S.R.L. reserves the right to change the prices indicated in the pages of its site without prior notice.
In the event of price list increases occurring after the acquisition of orders not yet processed, PROXIMA S.R.L. will still apply the prices in place on the Site at the time of the order.

4.3. The products shall remain the property of PROXIMA S.R.L. until payment of the purchase price and expenses by the Customer. PROXIMA S.R.L. will process the purchase order only after receiving confirmation of authorization to pay the total amount due as indicated in the order. The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein to which the delivery costs specified on the Site are added. The unit cost of each chosen product, the total cost in case of purchase of more than one product and the relevant delivery costs are summarized before the submission of the purchase order.

4.4. Once the purchase order has been forwarded, the customer will receive an e-mail message from PROXIMA S.R.L. confirming receipt of the purchase order and containing information relating to the main characteristics of the goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the General Conditions of Sale and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.


PAYMENT

5.1. All orders shall be deemed to have been acquired upon completion of payment.

5.2. Payments are always inclusive of transportation costs.

5.3. Payments may be made using the following payment methods: PAYPAL ACCOUNT, CREDIT CARDS (VISA, MAESTRO, AMERICAN EXPRESS) on the secure circuit.

5.4. In the case of payment by CREDIT CARD, financial information (e.g., credit/debit card number or date of its expiration) will be forwarded, via encrypted protocol, to the CRV and Paypal circuits that provide the relevant remote electronic payment services.

5.5. Such information, moreover, will never be known to PROXIMA S.R.L.

5.6. In the event that reimbursement operations procured by the return of products as a result of the exercise of the right of withdrawal become necessary, PROXIMA S.R.L. will put in place through the agreed banking circuits the procedures necessary for the successful completion of the reimbursement.
PROXIMA S.R.L. s.r.l. will issue all tax documents together with the goods delivered.


DELIVERY OF PRODUCTS

6.1. The purchased goods are delivered by courier to the address specified by the Customer when ordering online.

6.2. Attention: at the time of delivery of the products, the Customer is required to check:
* that the number of packages corresponds to the transport document
* that the packaging is intact, undamaged, and with seals of closure intact

6.3. Any damage to the packaging and / or the product, or the mismatch in the number of packages, must be immediately detected, affixing a specific reason for return / non-consignment on the delivery document of the product to be returned to the courier.
Once the package is opened, any problems concerning the physical integrity of the items ordered must be promptly reported to Customer Service PROXIMA S.R.L. and in any case no later than 8 days after receipt of the same to the email address info@mckees.it

6.4. The user is solely responsible for the address provided for shipment. Any specific requirements must be put forward to PROXIMA S.R.L. by the customer. In the event of impediments to delivery due to force majeure PROXIMA S.R.L. will contact the customer by e-mail to inform him of the delay in delivery times. PROXIMA S.R.L. cannot be held responsible for any delays due to third party events and/or force majeure. PROXIMA S.R.L. ships via the courier GLS.

6.5. In the event of non-delivery due to the absence of the recipient, at the address indicated by him/her in the order, the courier will leave a notice to certify the attempted delivery. The package will remain in storage at the courier up to a maximum of 15 days. For this period, it will be the right of the courier to require the customer to pay a daily flat fee. After this period of storage has elapsed to no avail, the product will be returned to the sender and the contract will be considered terminated. PROXIMA S.R.L. will proceed to refund the amount paid by the customer net of the cost of delivery of the product failed, storage costs and anything else.


DAMAGES

7.1. Any damage to the products due to transport must be reported to the carrier upon delivery and promptly notified by e-mail to PROXIMA S.R.L. and in any case no later than 8 days after delivery of the products.



LEGAL WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS

8.1. The products sold on the Site are covered by the Legal Guarantee of Conformity provided by art. 128 - 135 of the Consumer Code, this guarantee is reserved for consumer customers.

8.2. The images of the goods that PROXIMA S.R.L. shows on its site are intended to facilitate the recognition of the product and its characteristics, by the Customer, but may be subject to a change in display, due to the Internet browser and / or monitor / media used to access the site and display images.

8.3. Therefore, PROXIMA S.R.L. guarantees that what is entered and marketed through its site corresponds to what is described and presented in each product sheet, showing the essential characteristics of the same, but cannot, on the other hand, be held responsible for purchase errors due to modified displays, of which note above. Shapes and colors of product packaging shown on the site are therefore to be considered indicative.

8.4. PROXIMA S.R.L. shall be liable to the consumer for any conformity defect existing at the time of delivery of the product and manifesting itself within two years of such delivery. The defect, excluding Damage, for which immediate reporting is required at the time of delivery, must be reported to PROXIMA S.R.L, under penalty of forfeiture of the warranties, within two months from the date on which it was discovered by sending an email to the following address: info@mckees.it.
In the event of a lack of conformity of the products purchased with respect to the publication on the Site, the user has the right to repair or replacement of the product, at no additional cost, where this is possible in relation to the number of products still available and unless the replacement or repair is not excessively onerous for the seller in relation to the value of the goods, in the absence of lack of conformity. Alternatively, the user is entitled to termination of the contract or reduction of the price.

8.5. Unless proven otherwise, defects of conformity that become apparent within six months of delivery of the product shall be presumed to have already existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the conformity defect. To be eligible for the Legal Warranty, the user must then provide proof of the date of purchase and delivery of the good. Products that have been repaired, modified or in any way altered by the user are excluded from the Legal Warranty. Also excluded from the scope of application of the Legal Warranty are any failures, malfunctions or defects of any other kind caused by accidental events or by the user's responsibility or by use of the product not in accordance with its intended use and/or with what is set forth in the technical documentation attached to the product, if any, or in the instructions for use relating to the same. Conventional warranties relating to the products sold are those provided by the manufacturer.

8.6. Products purchased on the site are subject to the regulations on the sale of consumer goods.



MODE OF USE

9.1. PROXIMA S.R.L. declines all responsibility in the event of improper use of the products placed on sale. PROXIMA S.R.L. may not be held responsible for any damage, direct or indirect, suffered by the Customer due to the incorrect or improper use of the product, carelessness, washing with products, with modalities, with temperatures not recommended in the product sheet.


RIGHT OF WITHDRAWAL

10.1. In accordance with Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on the Site.

10.2. In accordance with art. 54 of the Consumer Code, the Customer may withdraw from the contract concluded with the Seller using, at his or her choice, one of the following methods:
a) online transmission to the Seller of the Return Form found in the Returns area, filled out in full; in this case, the Seller will send confirmation by e-mail of receipt of the declaration of withdrawal;
b) sending by mail to the Seller of this Return Form, conforming to the standard form pursuant to art. 49, paragraph 4, of the Consumer Code, to be completed in full;
c) sending by mail to the Seller of another explicit statement of the decision to withdraw from the contract.
In cases b) and c) the statement must be sent for the attention of Customer Service to the registered office of PROXIMA S.R.L, located at Via Colombo 19, 31015 Conegliano (TV). It is understood that, in such cases, the burden of proving the correct and timely exercise of the right of withdrawal shall be borne by the Customer.

10.3. In accordance with art. 57 of the Consumer Code, once the withdrawal from the contract has been exercised, the Customer must return the products to the Seller by delivering them to the courier for shipment within fourteen (14) days starting from the communication to the Seller of the decision to withdraw from the contract.

10.4. The only costs to be borne by the Customer are those related to transportation for the return of the purchased products, unless the Seller has expressly exempted the Customer from such costs at the time of purchase.
It is understood that, in this case, an amount equivalent to the cost of standard shipping of the purchased products will also be reimbursed, while, in accordance with Article 56, paragraph 2, of the Consumer Code, any additional costs incurred for having chosen a different and/or faster type of shipping and delivery than the standard one will not be reimbursed.

10.5. Will be borne by the Customer the responsibility in case of loss or damage of products during transport, which is due to a negligent choice of carrier and / or mode of shipment.

10.6. The right of withdrawal - in addition to compliance with the terms and procedures described in paragraphs 10.1, 10.2, 10.3 and 10.4 above - shall be deemed to have been properly exercised if the following conditions are also fully complied with:
a. the right of withdrawal must be duly exercised within fourteen (14) days of receipt of the products;
b. the products must not have been used, worn, washed;
c. the identification tag must still be attached to the products with the disposable seal, if any, which constitutes an integral part of the goods;
d. the products must be returned in their original packaging (if you want to return a kit, you must return all the items that compose it);
e. the returned products must be delivered to the shipper within fourteen (14) days starting from the communication to the Seller of the decision to withdraw from the contract;
f. the products must not be damaged.

10.7. Pursuant to Article 59 of the Consumer Code, the right of withdrawal is also excluded in the case of the purchase of custom-made or personalized products or sealed goods that are not suitable to be returned for hygienic reasons or reasons related to health protection and have been opened after delivery.

10.8. The Seller shall make the necessary investigations in order to verify the conformity of the returned products with the conditions and terms indicated in paragraph 10.6 above.

10.9. If the right of withdrawal is exercised by following the procedures and terms indicated above, the Seller shall send, by e-mail, the relevant confirmation of acceptance of the products thus returned and refund any sums already collected for the purchase of the products in accordance with the procedures and terms provided.

10.10. The sums will be refunded in the shortest time possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, we will activate the refund procedures, once verified the correct execution of the terms and conditions indicated above.

10.11. If the procedures and terms for the exercise of the right of withdrawal, referred to in letters a), e) and f) of paragraph 10.6 above, or in the hypothesis referred to in Article 59 of the Consumer Code, the Customer shall not be entitled to a refund of the sums already paid to the Seller. The Seller will notify the Customer by e-mail of the rejection of his return. Within 14 days of receipt of the Seller's e-mail, the Customer may choose to re-obtain, at his or her own expense, the products in the state in which they were returned to the Seller, by notifying the Seller in the manner that will be communicated. Otherwise, the Seller may retain the products, in addition to the amounts already paid for their purchase.

10.12. If, on the other hand, the Seller's investigations show that the conditions under letters b), c) and d) of paragraph 10.6 above are not met, the Customer shall not be entitled to a full refund of the sums already paid to the Seller. In accordance with Article 57, paragraph 2, of the Consumer Code, the Customer will, in fact, be responsible for the decrease in value of the returned products, resulting from use other than that necessary for the purpose of allowing to ascertain the nature, characteristics and operation of the products themselves. In this hypothesis, a percentage equal to the estimated decrease in value of the products and in any case between 10 and 90 percent of the amounts to be paid to the Seller for the purchase of the returned products will be deducted from the expected refund, as will be specifically communicated, via e-mail, by the Seller. Within 14 days of the sending of the e-mail communicating the amount deducted from the refund, the Customer may choose to re-obtain, at his or her own expense, the products in the state in which they were returned to the Seller, by notifying the Seller in the manner that will be communicated. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.

10.13. The Seller assumes no liability in case of products returned in error or items forgotten in packages or returned products.

10.14. The Seller shall make the refund using the same means of payment used by the Customer for the purchase of the returned products, unless the Customer has expressly agreed with the Seller to use a different means of payment and provided that the Customer does not incur any additional costs as a consequence of the refund. If there is no correspondence between the recipient of the products indicated in the order proposal and the person who has made the payment of the sums due for their purchase, the refund of the sums, in the event of the exercise of the right of withdrawal, will be carried out by the Seller, in any case, against the person who made the payment.


EXPRESS TERMINATION CLAUSE

11.1. In the event of total or partial non-payment of the purchase price of the goods PROXIMA S.R.L. reserves the right to declare, pursuant to and for the purposes of Article 1456 of the Civil Code, this contract terminated by sending a written notice to the customer's electronic address.


COMPLAINTS

12.1. For any complaints or clarifications, the customer should write to the email address customerservice@mckees.it. Customer service will endeavor to respond within 5 business days of the request.


APPLICABLE LAW AND PLACE OF JURISDICTION

13.1. Without prejudice to the application of the mandatory rules of European derivation for the protection of the consumer, the General Conditions of Sale are governed by Italian law and in particular by the Consumer Code and Legislative Decree 9 April 2003, n. 70 ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce").

13.2. In case of disputes between the Seller and each end user, arising from the General Conditions of Sale, the Seller guarantees, as of now, full adherence to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, over the Internet. For more information on the RisolviOnline rules or to submit a request for conciliation log on to RisolviOnline.com.

13.3. Please also note that the European Commission provides a platform for out-of-court alternative dispute resolution, which can be accessed at http://ec.europa.eu/odr.

13.4. All disputes relating to the purchases and/or these General Terms and Conditions of Sale shall be settled by the Court of the place of domicile or residence of the consumer according to the applicable law or, at the consumer's choice, by the Court of Treviso.


REFERENCE

For anything not expressly provided for in this contract, the rules of current Italian law shall apply.