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The offer and sale of products on our website mckees.it are governed by the following General Terms and Conditions of Sale.
Products purchased on mckees.it are sold directly by PROXIMA S.R.L.
Head 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 e-commerce, our aim is to enable consumers to purchase household linen, accessories and clothing online.
The Customer declares and warrants:
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that he/she is of age;
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that the data provided by him/her for the execution of the Contract are correct and truthful; that, whenever he/she makes 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 following General Terms and Conditions of Sale may be amended by PROXIMA S.R.L., without prior notice, also in consideration of possible regulatory changes, without prejudice to the user's right of withdrawal. Any amendments and/or new conditions shall be in force from the moment of their publication on the site. The General Terms and Conditions applicable are those in force on the date the purchase order is sent.
The following General Terms and Conditions of Sale may be amended by PROXIMA S.R.L., without prior notice, also in consideration of possible regulatory changes, without prejudice to the user's right of withdrawal. Any amendments and/or new conditions shall be in force from the moment of their publication on the site. The General Terms and Conditions applicable 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. which may be present on the mckees.it website 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 whoever they may come from, which are in any way anomalous in terms of, but not limited to, quantity, frequency or method.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
1.1. Before proceeding to the conclusion of a sales contract, you must register on the Site by entering your first name, last name, e-mail address and password (hereinafter 'registration credentials'). Registration on the Site is free of charge. Registration is confirmed by e-mail sent to the address provided by the user. The registration credentials must be used exclusively by the user and may not be passed on to third parties. The user shall hold PROXIMA S.R.L. harmless from any obligation to pay compensation, penalties deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site. The user is exclusively responsible for access to the Site using his or her 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 his or her Registration Credentials. All transactions carried out using the Registration Credentials are deemed to have been carried out by the customer to whom the Registration Credentials relate.
Failure to provide or the incorrect provision of data necessarily entails the impossibility of fulfilling the obligations arising from the sale and purchase contract that may have been concluded.
1.2. The order, only if compiled in all its parts and if accepted, will be filed in the PROXIMA S.R.L. database 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 mckees.it website 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 the user, to the email address indicated, a confirmation email containing a link with which to access a summary of the General Terms and Conditions of Sale, the information relating to the characteristics of the product purchased, a detailed indication of the price, the means of payment used, the procedures for exercising the right of withdrawal, the shipping costs and any additional costs. In any case, no contract shall be deemed concluded unless the customer has telematically accepted the General Terms and Conditions of Sale during the purchase.
1.4. By sending his or her purchase order electronically, the customer declares having read and accepted these General Terms and Conditions of Sale and undertakes to observe and respect them in his or her dealings with PROXIMA S.R.L.
PROCESSING OF PERSONAL DATA
2.1. You can 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 can contact our Customer Service, by selecting "Privacy", or send requests to the e-mail address: customerservice@mckees.it or to the address of the Seller's registered office.
OBLIGATIONS OF THE CUSTOMER
3.1. The Customer is obliged, before placing his purchase order, to read these General Terms and Conditions of Sale carefully. Submission of the purchase order implies full knowledge and acceptance thereof.
PURCHASING MODALITIES
4.1. The offers published on the Site are available for a limited time and with limited quantities 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 website are in euros and are understood to be to the public including VAT and packaging, excluding shipping costs. PROXIMA S.R.L. reserves the right to change the prices shown on the pages of its website without prior notice.
In the case of price list increases which occur after the acquisition of orders which have not yet been processed, PROXIMA S.R.L. shall, in any case, apply the prices in force on the website at the time of the order.
4.3. The products shall remain the property of PROXIMA S.R.L. until the purchase price and costs have been paid by the customer. PROXIMA S.R.L. shall only process the purchase order once it has received confirmation of authorisation 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, plus the delivery costs specified on the website. Before placing the purchase order, the unit cost of each product chosen, the total cost in the event of purchasing more than one product, and the relevant delivery costs are summarised.
4.4. Once the purchase order has been forwarded, the customer shall receive an email message from PROXIMA S.R.L. confirming receipt of the purchase order and containing information on the main characteristics of the goods purchased, details of the price, delivery costs, applicable taxes and means of payment and containing a reference to the General Terms and Conditions of Sale and information on the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the website.
PAYMENT
5.1. All orders shall be deemed to have been acquired upon completion of payment.
5.2. Payments always include transport 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, the financial information (e.g. the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the CRV and Paypal circuits that provide the relevant remote electronic payment services.
5.5. This information shall also never be known to PROXIMA S.R.L.
5.6. In the event that reimbursement operations are necessary due to the return of products following the exercise of the right of withdrawal, PROXIMA S.R.L. shall implement the procedures necessary for the successful completion of the reimbursement through the agreed banking circuits.
PROXIMA S.R.L. s.r.l. will issue all the 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 at the time of the on-line order.
6.2. Attention: upon delivery of the products, the Customer shall check:
* that the number of packages corresponds to the transport document
* that the packaging is intact, undamaged, and with the seals intact
6.3. Any damage to the packaging and/or the product, or the mismatch in the number of packages, must be immediately detected, by affixing a specific reason for return/receipt on the product delivery document to be returned to the courier.
Once the package has been opened, any problems concerning the physical integrity of the items ordered must be promptly notified to PROXIMA S.R.L. Customer Service and in any case no later than 8 days from receipt of the same at the email address info@mckees.it
6.4. The user is solely responsible for the address provided for the shipment. Any specific requirements must be notified to PROXIMA S.R.L. by the customer. In the event that delivery is prevented due to force majeure, PROXIMA S.R.L. shall contact the customer by email to inform them 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 BRT.
6.5. In the event of non-delivery due to the absence of the addressee, at the address indicated by the addressee in the order, the courier shall leave a notice to certify the delivery attempt. The parcel shall remain in storage at the courier for up to 15 days. For this period, the courier shall be entitled to charge the customer a daily flat-rate fee. Once this storage period has expired to no avail, the product shall be returned to the sender and the contract shall be considered terminated. PROXIMA S.R.L. shall proceed to refund the amount paid by the customer net of the cost of delivery of the product which has failed, storage costs and anything else.
DAMAGES
7.1. Any damage to the products due to transport must be reported to the carrier at the time of delivery and notified promptly by e-mail to PROXIMA S.R.L. and in any case no later than 8 days after delivery of the products.
LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
8.1. Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128 - 135 of the Consumer Code; this guarantee is reserved for consumer customers.
8.2. The images of the goods which PROXIMA S.R.L. displays on its website are intended to facilitate the recognition of the product and its characteristics by the customer, but they may be subject to a change in display due to the Internet browser and/or the monitor/support used to access the site and the display of the images.
8.3. Therefore, PROXIMA S.R.L. guarantees that what is entered and marketed through its website corresponds to what is described and presented in each product sheet, showing the essential characteristics of the same, but cannot be held responsible for purchase errors due to altered displays, as noted above. Shapes and colours of the product packaging shown on the site are therefore to be considered as indicative.
8.4. PROXIMA S.R.L. is liable to the consumer for any conformity defect which exists at the time of delivery of the product and which becomes apparent within two years of such delivery. The defect, excluding damage, for which immediate notification 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 purchased products with respect to the publication on the Site, the user has the right to have the product repaired or replaced, without any additional charge, where this is possible in relation to the number of products still available and unless the replacement or repair is excessively burdensome 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, conformity defects that become apparent within six months of delivery of the product are presumed to have already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the conformity defect. In order to benefit from the Legal Warranty, the user must therefore 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 other defects caused by accidental events or by the user's liability or by use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product, if any, or in the instructions for use relating to the same. The 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.
METHODS OF USE
9.1. PROXIMA S.R.L. declines all responsibility in the event of improper use of the products offered for sale. PROXIMA S.R.L. cannot be held responsible for any damage, direct or indirect, suffered by the customer as a result of incorrect or improper use of the product, carelessness, washing with products, using methods or at 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.
In accordance with Article 54 of the Consumer Code, the Customer may withdraw from the contract concluded with the Seller using one of the following methods, at his/her choice
a) online transmission to the Seller of the Return Form that can be found in the Returns area, filled out in full; in this case, the Seller shall send confirmation by e-mail of receipt of the declaration of withdrawal;
b) sending by mail to the Seller this Return Form, conforming to the standard form pursuant to Article 49, paragraph 4, of the Consumer Code, to be filled out in full;
c) sending by mail to the Seller of another explicit declaration of the decision to withdraw from the contract.
In cases b) and c) the declaration must be sent for the attention of the Customer Service to the registered office of PROXIMA S.R.L., located in Via Colombo 19, 31015 Conegliano (TV). It is understood that, in these cases, the burden of proving the correct and timely exercise of the right of withdrawal shall be borne by the Customer.
10.3. Pursuant to Article 57 of the Consumer Code, once the withdrawal from the contract has been exercised, the Customer shall return the products to the Seller by handing them over to the courier for shipment within fourteen (14) days from the communication to the Seller of the decision to withdraw from the contract.
10.4. The only costs to be borne by the Client are those relative to transport for the return of the purchased products, unless the Seller has expressly exempted the Client from such costs at the time of purchase. It is understood that, in this case, an amount equivalent to the cost of standard shipment of the purchased products shall 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 shipment and delivery than the standard one shall not be reimbursed.
10.5. The Customer shall be liable in the event of loss of or damage to the products during transport, which is due to a negligent choice of carrier and/or shipping methods.
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 - is understood to be correctly exercised if the following conditions are also fully complied with:
a. the right of withdrawal must be properly 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, forming 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 in it)
e. the returned products must be delivered to the forwarding agent within fourteen (14) days 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 customised products or sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery.
10.8. The Seller will make the necessary checks 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 Vendor shall send the relative confirmation of acceptance of the products thus returned by e-mail and shall refund any sums already collected for the purchase of the products according to the procedures and terms provided.
10.10. The sums shall be reimbursed 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 shall activate the reimbursement procedures, once we have verified the correct execution of the terms and conditions indicated above.
10.11. Should the procedures and terms for exercising the right of withdrawal, as per letters a), e) and f) of paragraph 10.6 above, or in the hypothesis as per Article 59 of the Consumer Code, not be respected, the Client shall not have the right to reimbursement of the sums already paid to the Seller. The Seller shall inform 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 sums already paid for their purchase.
10.12. If, on the other hand, the Seller's investigations reveal that the conditions under letters b), c) and d) of the previous paragraph 10.6 are not met, the Client will not have the right to full reimbursement of the sums already paid to the Seller. In accordance with Article 57, paragraph 2, of the Consumer Code, the Customer shall, in fact, be liable for any decrease in the value of the returned products resulting from use other than that necessary for the purpose of ascertaining the nature, characteristics and functioning 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 per cent of the sums to be paid to the Seller for the purchase of the returned products will be deducted from the refund provided for, according to what will be specifically communicated, via e-mail, by the Seller. Within 14 days from the sending of the e-mail communicating the amount deducted from the refund, the Client may choose to re-obtain, at his own expense, the products in the state in which they were returned to the Seller, by notifying the Seller, according to the modalities 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 Vendor assumes no liability for products returned in error or for items forgotten in packages or returned products.
10.14. The Seller executes the refund using the same means of payment used by the Customer to purchase 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 addressee of the products indicated in the order proposal and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event of the right of withdrawal being exercised, shall be made by the Seller, in any case, to 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, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, to terminate this contract by sending a written notice to the customer's e-mail address.
COMPLAINTS
12.1.For any complaints or clarifications, the customer shall write to the email address customerservice@mckees.it. The customer service will endeavour to reply within 5 working days of the request.
APPLICABLE LAW AND JURISDICTION
13.1. Without prejudice to the application of the mandatory regulations of European derivation for the protection of the consumer, the General Terms and Conditions of Sale are governed by Italian law and in particular by the Consumer Code and by Legislative Decree No. 70 of 9 April 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").
13.2. In the event of disputes between the Seller and each end user, arising from the General Sales Conditions, the Seller guarantees, as of now, full adhesion to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, on the Internet. For more information on the RisolviOnline rules or to send a request for conciliation, go to RisolviOnline.com.
13.3. Please also note that the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.
13.4. For all disputes relating to the purchases and/or these General Terms and Conditions of Sale, the Court of the place of domicile or residence of the consumer under the applicable law or, at the consumer's choice, the Court of Treviso shall have jurisdiction.
REFERENCE
For anything not expressly provided for in this contract, the provisions of current Italian law shall apply.