Terms and conditions of service
CONDITIONS OF SALE
The following General Conditions of Sale govern the offer and sale of products on the website mcsapparel.eu.com (hereinafter Site) and are drawn up in accordance with the provisions of the Italian Civil Code, Legislative Decree no. 70/2014 on information society services and electronic commerce, and the Consumer Code.
The products sold on mcsapparel.eu.com are sold directly by Nemesis S.r.l., with registered offices in Via Giuseppe Mengoni no. 4, 20121 Milan and business premises in Corso Mazzini, 84/5 31044 Montebelluna (TV), VAT code 04612670267 (hereinafter the Seller).
SCOPE
The General Conditions of Sale apply to and govern all sales contracts concluded through the Seller's Site, as identified above.
The General Conditions of Sale may be subject to change and each User must consult them before making any purchase. It is the User's responsibility to check the General Conditions of Sale before placing the order.
The General Terms and Conditions of Sale apply regardless of the User's nationality, provided that the delivery of the products takes place in one of the countries for which the Site provides an online sales service that corresponds to the User's registration country.
The purchase of products on the Site is reserved exclusively for consumers. A consumer is any natural person who is acting for purposes unrelated to his or her trade, business, craft or profession.
CONCLUSION OF THE CONTRACT
These General Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User. Electronic transmission of the order by the User implies full knowledge and full acceptance of these General Conditions of Sale.
If the User does not agree with one or more of the terms contained in these General Conditions of Sale, he or she must refrain from making purchases on the Site.
In order to proceed with the online purchase of one or more products, the User must first register on the Site, providing the Seller, in compliance with the provisions on the protection of personal data, with all the data necessary to allow the latter to execute the orders placed.
In order to conclude the purchase contract, the User must submit his or her order following the procedure described on the Site. By sending the order electronically, the User is obliged to pay the indicated price.
To complete the purchase, the User must confirm payment of the price of the products in the shopping cart. Orders for which the corresponding transaction is not registered will be cancelled automatically.
When the User places an order, he/she will receive an e-mail containing confirmation of receipt of the order and a summary of the order: this communication will not constitute automatic acceptance of the order.
The Seller reserves the right to refuse orders that are incomplete and incorrect or are placed by users with whom there is a dispute pending regarding payment for a previous order. In such cases the User will receive specifically motivated rejection of the order by e-mail.
If the products presented on the Site are no longer available at the time of the last access to the Site or when the order is sent, it will be the responsibility of the Seller to inform the User, within 5 days from the day after the order is sent, of the unavailability of the ordered product. If payment has already taken place, the Seller will refund the price without any further compensation.
The order form contains a reference to these General Terms and Conditions of Sale and Privacy Policy, as well as a summary of the essential characteristics of each product ordered and its price, the accepted means of payment and delivery methods of the products purchased, shipping costs, the conditions for exercising the right of withdrawal and how and when to return the purchased products.
The User can monitor the status of the order at any time by consulting Customer Service through the appropriate link/section or by accessing his or her personal area.
PRODUCT FEATURES
The products offered for sale through the Site are items of clothing and accessories, present in the online catalogue at the time of the order.
The product catalogue will be updated and modified periodically, therefore the continued availability of a product online is not guaranteed.
Each product is presented in a description reporting all its essential features; the images and colours of the products offered for sale may not correspond exactly to the real ones, due to the settings of the computer systems used by the User to view the Site. The images of the products must, therefore, be considered indicative and subject to ordinary margins of tolerance.
SELLING PRICES
All selling prices of products appearing on the Site are inclusive of VAT, if applicable by reason of the country of shipment of the products, and any other taxes that may be applicable to the sale.
Product prices may be subject to updates and changes. The User is obliged to ascertain the final sale price before placing an order. Obvious material error in the price reported on the Site compared to the commonly known price of the chosen product means that the Seller has the right not to confirm the shipment and to proceed with immediate refund of the amount of the purchase paid by the User, without any exceptions.
PAYMENT METHOD
The User may select one of the methods indicated in the order form for payment of the price of the products and the related shipping and delivery costs, if any.
If payment is made by credit card, the payment procedure will take place via a secure connection directly connected to the bank that owns the online payment service which is not accessible to third parties. In particular, financial information (e.g. credit/debit card number, expiry date) will be forwarded via encrypted protocol, which provides the relevant electronic payment services remotely, without third parties having access. Such information will never be used and/or stored in any format (including electronic) by the Seller.
The User is solely responsible for the data entered and therefore guarantees that he/she will use only credit/debit cards he/she is legitimately entitled to use.
DELIVERY METHOD
Products will be delivered by courier directly to the User, at the shipping address specified in the order.
By filling in the registration form in the registration procedure necessary to activate the procedure for the execution of this contract and further communications, the User authorizes the Seller to disclose his or her personal data to the trusted couriers and/or forwarding agents used for delivery of the purchased products in order to allow the necessary procedures for their delivery.
The Seller will make every effort to process the order transmitted within 2 working days and in any case no later than 30 days from the day after the User submits the order.
Delivery times include only working days and do not include holidays.
The Site allows the User to request delivery of the products ordered to an address different from the User's own address, on the condition that it is included in the country of residence of the User indicated at the time of login; in any case, it is the User's responsibility to provide all the information necessary for successful delivery.
It is never possible to collect products purchased through the Site directly from the Seller's warehouse.
Shipping costs and types of shipment may vary depending on the country and shipping methods chosen by the User.
These expenses and any additional costs shall be borne by the User. The corresponding amount will be expressly and separately indicated in the order summary before the User submits the order, as well as in the order confirmation email.
Both in Italy and abroad, the delivery procedure specifies that if the recipient is absent when the courier arrives, the courier will leave a notice providing contact information so that the courier may be contacted to arrange for a second delivery. In the event of failure to agree on the second delivery, the package will remain in storage at the carrier's warehouse and it will be the User's responsibility to collect it.
If the package is not collected within 3 days, it will be returned to the Seller. In this case the contract shall be considered terminated pursuant to art. 1456 of the civil code, with communication from the Seller sent by e-mail to the User, and the order will therefore be cancelled.
The User can check order status at any time through the appropriate link, entering the order number, or through the User’s personal area.
Orders must be placed directly via the website of the country to which they will be delivered. Orders placed from the Site in a country other than the destination country, or to an address not accepted by the courier, will be automatically cancelled.
USER’S OBLIGATIONS
Underage persons are strictly prohibited from placing an order on the Site.
The data entered at the time of purchase must be exclusively the User’s true personal data, and not that of a third party or made-up information. The Seller reserves the right to prosecute any violations and abuse, in the interests of and for the protection of all consumers.
The User indemnifies the Seller from any liability arising from the issuing of incorrect tax documents due to errors in the data provided by the User, being solely responsible for correct entry.
Upon receipt of the products, the User is required to verify their conformity in relation to the order. In particular, attention must be paid to the correspondence between the number of packages indicated in the carrier's letter and those delivered and the integrity of the packaging.
Any anomalies (e.g. tampering, damage) must be specified in writing directly in the courier's shipping document, and the User must refuse delivery.
At the same time, the User is required to report the fact to the Seller's Customer Service through the appropriate link.
Should the User accept the delivery of products which appear to have been damaged or tampered with, the legal guarantee of conformity of the products will be forfeited.
LIABILITY
The Seller shall not be liable for any inefficiencies due to force majeure such as, for example, accidents, explosions, fires, strikes, earthquakes and other events that entirely or partially prevent the execution of the contract within the agreed time.
The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to fulfil the contract for the causes mentioned above, the customer being entitled only to a refund of the price paid.
Likewise, the Seller shall not be liable for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment when paying for products. In fact, at no time during the purchase procedure is the Seller aware of the credit card number of the User, which is transmitted directly to the bank service provider via secure connection.
RIGHT OF WITHDRAWAL
The User may exercise the right of withdrawal and return the product received, without penalty and without specifying the reason, in accordance with the terms and conditions set forth below.
The User can submit a return request directly via the Site at any time, by filling in a contact form and forwarding it to Customer Service, or by filling in and forwarding a return form to the Seller, following the procedure indicated therein.
Products must be returned intact, undamaged, unworn and unwashed and provided with the bar code and all other seals or tags that are a part of the products; products that are returned incomplete, ruined, damaged or deteriorated will not be refunded.
Products to be returned must be delivered to the forwarder within 14 days from the User’s notification of intention to withdraw from the contract to the Seller.
The cost of returning the products will be borne by MCS.
Following the return of the products, the Seller will perform the necessary checks regarding their compliance with the conditions and terms indicated herein.
If the right of withdrawal has been exercised correctly, the Seller will refund any sums already collected from the User for the purchase of products, excluding shipping costs and any cash on delivery costs.
Whatever the payment method used by the User, the refund will be activated by the Seller as soon as possible, and in all cases within 14 days from the date on which the Seller became aware that the User has exercised the right of withdrawal, following verification of the correct execution of the same and inspection of the returned products.
The Seller shall make the refund using the same means of payment used by the User for the purchase of the returned products, even if a virtual and/or disposable credit card has been used. The Seller cannot in any way make a refund on a credit card other than the one used for the purchase, unless the card itself has expired in the meantime or has been stolen: in this case the User may send an email to customer.care@mcsapparel.eu.com to agree on the most appropriate means of refund.
GUARANTEE OF CONFORMITY
According to the law, the Seller is obliged to deliver to the User goods which conform to the contract of sale, and the Seller shall be liable for any defects in the conformity of the products existing at the time of delivery or which become apparent within two years after delivery.
In order for the above guarantee to be valid, the User must report the nonconformity to the Seller within two months of its discovery, under penalty of forfeiture, by contacting Customer Service via the appropriate link. The complaint must contain an accurate and complete description of the flaws and defects complained of.
Customer Service will provide the User with instructions for the return of the defective product at the Seller's expense.
The User shall have the right to request the termination of the contract and return of the amount paid or, alternatively, replacement of the product. In the event of a slight defect / defect, the User shall only be entitled to a replacement product.
In any case, defects of conformity resulting from damage due to accidental events or the User's liability for use not in accordance with the intended use of the product are excluded from the legal warranty.
APPLICABLE LAW
Any disputes relating to the application, execution, interpretation and breach of sales contracts entered into through the Site shall be subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In any case, any rights that may be attributed to the Consumer by mandatory provisions of the law in force in the State of residence or domicile of the latter shall remain unaffected.
DISPUTE SETTLEMENT
As an alternative to the judicial resolution of disputes, consumers may submit complaints to the Online Dispute Resolution Platform for Out-of-court Dispute Resolution (European ODR Platform) in accordance with Art. 14, §1 of EU Regulation 524/2013. For further information please see http://ec.europa.eu/odr.
For the purposes of online dispute resolution communications, please indicate the following email address as the Seller's correspondence address: customer.care@mcsapparel.eu.com.
CHANGES AND UPDATES
The Seller reserves the right to modify the Site, the policies and these General Conditions of Sale at any time in order to offer new products or services or to comply with legal or regulatory provisions. The User who accesses the Site and places an order will adhere to the policies and terms of the General Conditions of Sale in force at the time the order is placed, unless any changes have retroactive effect under applicable law. If any of these provisions should be held to be invalid, void or unenforceable, this condition shall not affect the validity and enforceability of the other provisions.
CUSTOMER SERVICE AND COMMUNICATIONS
The User may request any information through customer service by sending an email to customer.care@mcsapparel.eu.com