GENERAL TERMS AND CONDITIONS OF SALE
1.1 For the purpose of this general terms and conditions the following terms shall have the meanings set forth herein:
a) “Conditions”: this general terms and conditions;
b) “Site”: this website www. kyromckay. com;
c) "Kyro Mckay": EPM S.A.S. DI PAVANELLO IGOR & C. / DBA «Kyro Mckay» -Via Marziana, 16 - 30174 Chirignano (VE) -Italy;
d) “User”: any person or entity using the Site and/or purchasing Kyro Mckay’s products through the Site;
e) “Contents”: any materials, including images, illustrations, designs, icons, photographs, video clips, trademarks, trade signs and any other materials included or displayed on this Site.
2.SCOPE OF APPLICATION
2.1 These Conditions shall apply to the use of this Site as well as to any and all orders of Kyro Mckay’s products executed by the Users through the Site.
No provisions deviating from these Conditions shall be binding on Kyro Mckay unless accepted in writing by the same.
In no case shall any general conditions of contract of the User be binding on Kyro Mckay.
2.2 By submission of the Order of products through the Site, the User accepts the applications of this Conditions.
3.SITE CONTENTS–USER INFORMATION
3.1 Unless otherwise noted, all Contents are copyrights, trademarks, trade and/or other intellectual property owned, controlled, or licensed by Kyro Mckay. The Site as a whole is protected by copyright, trademark and other intellectual property rights and may not be used except as permitted in these Conditions or with the prior written consent of Kyro Mckay or the owner of such material.
3.2 The User may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information and/or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. This Site and all its Contents are intended solely for personal, non-commercial use. The User may download or copy the Contents and other downloadable materials displayed on the Site for personal use only. No right, title, or interest in any downloaded materials or software is transferred to the User as a result of any such downloading or copying. The User may not reproduce (except as noted above) , publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.
3.3 Using the Site and/or placing orders of products, the User shall:
provide Kyro Mckay with true and correct information;
ensure and warrant Kyro Mckay to have the right to use such information; and shall maintain the confidentiality of its account information and password, if any, and shall restrict access to such information to third parties.
The User declare to have the right to use any information provided to Kyro Mckay and accepts responsibility for all activities executed through the Site under its own account.
3. 4 The User is prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
4.1. The products displayed on the “online shop’ section of the Site are also available in selected Kyro Mckay’s retailers in the world. Images of the products contained in the Site are for indicative purpose only.
Kyro Mckay expressly reserves the right to make changes to the models or structures of the products, without altering their essential features, it deems necessary or convenient, even after acceptance of the order.
4.2 The prices of the products are in Euro.
All prices don’t include delivery costs, custom charges, tariffs or other taxes of any kind, which may vary from country to country, as well as any additional charges such as special packing, insurance or similar cost. The User may check delivery costs and times for its own country in the delivery charts () .
In the event that another delivery term is agreed, the price of the products and the invoiced amount shall be adjusted accordingly.
4.3 Any product offer on Kyro Mckay Online shop represents a non-binding invitation to order the products. By ordering, performed by clicking the “add to basket” button, the User will submit a binding order to Kyro Mckay (“Order”) and shall be obligated to execute the payment of the products. Kyro Mckay shall be entitled to accept such Order within a period of one week by sending an Order confirmation email on the email address provided by the User upon registration. The Order shall be binding on Kyro Mckay once and only said Order confirmation email has been sent to the User and the payment of the ordered products has been executed by the User and received by Kyro Mckay in compliance with article 5 below.
5.1 The payment of the products can be executed by Paypal or by credit card. Kyro Mckay reserves the right to accept other forms of payment on a case by case basis. The User will receive the Order number in the Order confirmation email.
5.2 Payments are considered to have been made by the User only when the related amount has been credited to the bank account of Kyro Mckay.
5.3 The products will be packaged and readied to ship in compliance with the standard protection methods generally adopted by Kyro Mckay for the agreed mode of transport.
5.4 The products will be shipped, at the latest, within 5 (five) days from the receipt of the payment in accordance with paragraph 5. 1 and 5. 2 above, according to the delivery term CPT–User’s address indicated in the Order-Incoterms 2010®ICC. Partial deliveries are allowed. Shipment date is not essential nor peremptory.
In case of delay in the execution of the payment by the User in breach of this article 5, Kyro Mckay may suspend delivery of the products until payment has been executed and, therefore, shall not be held responsible for delays in the delivery of the products.
5.5 The products will be dispatched to the address specified by the User upon submission of the Order. The User will ensure that delivery of the ordered products to the stated address is possible during regular business and delivery hours. If the delivery address stated in the Order or any other information in the Order is incomplete, incorrect or misleading, Kyro Mckay may, at its own discretion, resend the products to the User. Should this be the case, the User shall refund Kyro Mckay of any additional cost possibly incurred by Kyro Mckay as a result of incomplete, incorrect or misleading delivery address data or of any other information provided for by the User.
5.6 Without prejudice to the provisions of article 5. 4 above, if Kyro Mckay fails to deliver the products after 8 (eight) weeks from execution by the User of the advance payment under paragraph 5. 1 and 5. 2 above, the User will only be entitled to withdraw from the purchase contract and request restitution of the price paid.
5.7 To the fullest extent permitted by law, Kyro Mckay shall not be responsible or liable for late delivery of the products.
5.8 The User cannot claim non-performance or breach of these Conditions by Kyro Mckay if it is not fully compliant with its obligations under These Conditions.
6.RIGHT OF WITHDRAWAL
6.1 Right of withdrawal
The User may withdraw from the purchase contract within 14 (fourteen) days from receipt of the products.
The right of withdrawal shall be exercised in writing, by email or by ordinary mail with return receipt. The right of withdrawal may also be exercised by the User by returning the products ordered within the above mentioned term. Should this be the case, the date of shipment of the products will be taken into consideration.
The withdrawal notice and/or the returned products are to be addressed to:
EPM S.A.S. DI PAVANELLO IGOR & C. / «Kyro Mckay» -Via Marziana, 16 - 30174 Chirignano (VE) -Italia; - Email: email@example.com.
6.2 Consequences of withdrawal In the event the User lawfully exercises its right of withdrawal, the considerations received by each party are to be returned and benefits accrued are to be returned.
Within 8 (eight) days from exercise of its right of withdrawal, the User shall send back to Kyro Mckay, at its own expenses, the products ordered to the address specified under article 6. 1.
Within 30 (thirty) days from the exercise of the right of withdrawal by the User, Kyro Mckay shall pay back to the User the price paid for the products.
6.3 Products to be returned If the User is unable to return or provide Kyro Mckay with the products previously ordered or is only able to do so in part or in a deteriorated state, the User shall be obligated to pay compensation to this extent.
In case the User is not able to return the products, Kyro Mckay shall be entitled to retain the full price paid by the User as damage compensation.
In case the User is able to return the products in part or in a deteriorated state, Kyro Mckay shall be entitled to return the price paid by the User for the products, net of any damage compensation due to the deterioration of the products returned.
7.1 Kyro Mckay warrants that the products will conform to the Order confirmation email and will be free from manufacturing defects. The following are expressly excluded from the warranty:
any use of the products which is different from standard use;
defects and malfunctioning resulting from incorrect use, storage, ______ of the products, standard wear and tear.
7.2 The warranty period is 24 (twenty-four) months from the date of delivery of the products at the address of the User.
7.3 The User shall notify Kyro Mckay of non-conformities or defects of the products by fax or email, within and no later than the following terms;failing to do so will result in the lapse of the warranty and the unenforceability of the warranty rights:
differences in type or quantity with respect to type or quantity agreed as well as other patent non-conformities or defects: 8 (eight) days from the delivery of the products at the address of the User;
hidden non-conformities or defects: 8 (eight) days from the discovery of the same and, for avoidance of doubt, within the warranty period above.
7.4 Kyro Mckay shall have the right to examine or to have examined the products which the User claims to be non-conforming or defective. In the event that the products are ascertained by Kyro Mckay as actually non-conforming or defective, Kyro Mckay undertakes, at its own option, either to repair or to replace, at no cost to the User, the products or parts thereof which are defective or non-conforming.
Kyro Mckay shall become owner of the products or the products’ parts that have been replaced.
7.5 The remedies described in article 7.4 above are the sole warranty rights and remedies granted to the User in case the products are ascertained as non-conforming or defective. To the fullest extent permitted by law, any other liability of Kyro Mckay, whether contractual or non-contractual, which may in any way arise from or in relation to the supply of non-conforming or defective products, including, but not limited to, compensation for direct, indirect, consequential damages or for loss of profits, is expressly excluded.
7.6 The warranty set forth in this article 7 is in substitution for, and excludes, any other warranty, either express or implied, set forth by the law or otherwise.
8.1 For returns of products after exercise of the right of withdrawal or as a result of defects of the products, the User is requested to proceed as follows:
the User shall send a withdrawal notice according to the provisions of paragraph 6. 1 above, in case of withdrawal, or a defect statement including a description of the defect, according to the provisions of paragraph 7. 3, to the email address firstname.lastname@example.org, in case of defects of the products;
the product to be returned must be packaged in the original packaging (in case of withdrawal in due time) , or in similar damage-resistant packaging (in case of defects of the products) . All of the product parts must be returned.
8.2 Kyro Mckay will inform the User via email of the handling of the request and of further actions that will be taken thereof.
Neither party shall be liable or responsible for damages or in any manner whatsoever to the other party for failure or delay in performing or fulfilling any obligations deriving from this Conditions or from the Order when such failure or delay is due to the occurrence of an event of force majeure such as war, fires, acts of God, acts of public authorities, or any other event or cause whatsoever, similar or dissimilar, which cannot reasonably be forecast or provided against and which cannot be overcome with reasonable diligence.
In such event, the time for fulfilment of the obligation shall be extended for the period of continuance of such force majeure event.
In case any of such force majeure event continues for a period of 4 (four) months or longer, each party shall have the right to cancel the Order by giving written notice to the other.
10.APPLICABLE LAW–DISPUTE RESOLUTION
10.1 These Conditions shall be governed by Italian Laws.
10.2 Any dispute arising out of or in connection with these Conditions and/or any single sale contracts which shall executed between the parties based on these Conditions, including any dispute regarding their validity, effect, interpretation, execution or termination, shall be subjected to the jurisdiction of the Italian courts and shall be exclusively referred for its resolution to the court where Kyro Mckay has its registered office.
The User declares that it has read and explicitly accepted the following clauses:
art. 3.3 and 3.4-User information-Responsibility;
art. 5.4, 5.5, 5.6, 5.7 and 5.8–Delivery, Late Delivery;
art. 6.2 and 6.3–Consequences of Withdrawal, Products to be returned;
art. 10-Applicable Law-Dispute Resolution.
Version 1.0-September 2017- EPM S.A.S. DI PAVANELLO IGOR & C.