Terms & Conditions


                               

             Terms And conditions

1.INTRODUCTION

 

This document (together with the documents mentioned herein) contains the conditions governing the use of this website (www.mrkirt.eu) and the purchase of the items contained therein (hereinafter the "Conditions").

Please carefully consult these Terms, the Cookies Policy and the Personal Data Protection Policy (hereinafter collectively referred to as the "Data Protection Policies") before using this website. We inform you that the use of this website or the transmission of an order through it, implies the acceptance of these Terms and Conditions and of the Data Protection Policies, so if you do not agree with all of the above Terms and Data Protection Policies, please do not use this website.

If you have any queries, concerns or questions regarding the Terms and Conditions and Data Protection Policies, please contact us by e-mail at: contactus@mrkirt.eu

The Agreement (as defined below) may be and may be executed, at your option, in any of the languages in which the Terms are available on this website.

  1. OUR DATA

The sale of products through this site is managed by Mr. Kirt di Davide Giannuzzi, with registered office in Via Lazzaretto 16, Cardano Al Campo, 21010 (VA), Italy, C.F. GNNDVD89R15F205H and P.I.V.A. 03634050128, e-mail address contactus@mrkirt.eu, contact details can be found in the Contact Usages section and in the bottom section of this website www.mrkirt.eu.

  1. YOUR DATA AND ACCESS TO OUR WEBSITE

The information or personal data provided by the user will be processed as set out in the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us is accurate and true.

  1. USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

(i) use the Website only for lawfully valid consultations or orders;

(ii) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and inform the competent authorities;

 

(iii) provide us with your e-mail address, mailing address and/or other contact details truthfully and correctly. Likewise, you agree to our use of

this information to contact us (if necessary, please read the Privacy Policy).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you guarantee that you are over the age of 18 and have the legal right to enter into binding contracts.

  1. SERVICE AVAILABILITY

 

Articles offered through this website are available for all locations.

The operator of the site reserves the right to accept, and confirm by notice of shipment, the order required by a country outside the European Union, pursuant to Article 6 below.

 

  1. THE METHOD OF CONCLUDING THE CONTRACT

 

The information contained in these Terms and Conditions and the details contained in this website do not constitute an offer to the public, but merely an invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and you have already been debited from your account, the amount will be returned to you in full.

 

To place an order, you must follow the online purchase process and click on "Review order". You will then receive an e-mail confirming receipt of your order (the "Order Confirmation"). It is understood that this will not imply acceptance of your order poiché and that this is an offer you make to us for the purchase of one or more products. All orders will be subject to our approval and you will be informed by sending an e-mail confirming that the order is being shipped (the "Shipping Confirmation"). Order details will be summarised in the electronic receipt attached to the Shipping Confirmation. The contract for the purchase of a product between us and you (the "Contract") is only concluded when we send you the Shipping Confirmation.

The Contract shall only cover products specified in the Shipping Confirmation. We will not be obliged to provide you with any other product that has not been ordered until confirmed in the Shipping Confirmation that such product has been shipped.

  1. AVAILABILITY OF PRODUCTS

All product orders are subject to availability. In the event of a supply problem or if no items are in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may decide to order. If you do not wish to place an order for such replacement products, we will refund any amounts you have already paid.

  1. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content on this website. Although we will always do everything possible to fulfill all orders, exceptional circumstances may arise that oblige us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time.

We disclaim all liability to you or to third parties for removing any product from this website, for deleting or modifying any material or content on the website, or for failure to process your order after sending the Order Confirmation.

  1. DELIVERY

Without prejudice to the provisions of article 7 above and except in the event of extraordinary circumstances, we undertake to do everything in our power to send the order for the product(s) indicated in the relevant Shipping Confirmation by the date indicated in the said Shipment Confirmation or, if no delivery date is specified, by the estimated date of selection of the delivery method and, in any case, by no later than 30

However, delays may occur for several reasons such as the, customization of products, the occurrence of unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the delivery terms, we will inform you and give you the option to continue the purchase by setting a new delivery date, or to cancel the order, resulting in a refund of the full amount paid. Please note that no home delivery is made on Saturdays or Sundays.

 

For the purposes of these Conditions, "delivery" means either the order has been made or the order has been "delivered" by the acquisition, by you or by a third party indicated by you, of the material availability or, in any case, of the control of the products, which will be proved by signing the order receipt at the agreed shipping address.

10- IMPOSSIBILITY OF DELIVERY

If we cannot complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our deposit. In this case, we will leave you a notice in which will be specified the place where your order is located and the ways in which to agree on a new delivery.

 

If you are unable to be present at the agreed delivery location at ́orario, we ask you to contact us again to agree on a new delivery date.

If delivery cannot take place for reasons beyond our control after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract, which will therefore be terminated. Upon termination of the Contract, we will return to you all amounts paid by you, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than the ordinary method offered by us) without undue delay and in any event within 14 days of the date of termination of the Contract.

Please note that the carriage resulting from the termination of the contract may have additional costs that will be borne by you.

 

  1. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

You will bear the risks associated with the products from the time they are delivered.

You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in Article 9 above), if this occurs at a later time.

  1. PRICE AND PAYMENT

 

12.1 Price

The price of the products will be as indicated on our website, unless there is a manifest error. Although we strive to do everything in our powers affinché all prices that appear on the site are correct, errors may occur. If

we find errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the right amount or cancel it. If we are unable to contact you, your order will be cancelled and the full amount paid will be refunded.

We shall not be obliged to supply you with the product(s) at the lowest price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price is obvious and unambiguous and therefore if it was possible for you to reasonably identify it as incorrect.

The prices on the website include VAT but exclude shipping charges, which are to be added to the total amount to be paid, as indicated in our Purchase Guide - Shipping Charges.

Prices may change at any time; however (unless otherwise agreed) possible changes will not affect orders for which we have already sent an Order Confirmation.

Once you have selected the items you wish to purchase, these items will be added to your shopping cart and the next step will be the completion of the order and payment. To this end, you must follow the purchase instructions, entering or verifying the information required at each stage of the purchase process. You can also change your order details at any time during the purchase process before payment. You can find a detailed description of the purchasing process in the Purchasing Guide. In addition, if you are a registered user, a list of all your orders will be available in the "My Account" section.

12.2 Payment

You can make payment by credit card Visa, Mastercard, American Express through the payment system Stripe.

To reduce the risk of unauthorized access, your card data will be encrypted. Once we have received your order, we will place an authorization on your credit card to ensure that you have sufficient funds to complete the transaction.

By clicking on "Complete order" you confirm that your credit card is your property or that you are the legitimate gift card holder

Credit cards will be subject to verification and authorization by the card issuer, but if the card issuer does not authorize payment, we will not be liable for any delay or non-delivery and we cannot enter into any Contract with you.

 

13- BUY AS GUEST

On this site is also available the function of purchasing products as a guest. With this method of purchase, you will be asked only those data that are essential to process your order. Upon completion of the purchase process, you will be offered the possibility to register as a user or to continue as an unregistered user.

  1. VAT (VALUE ADDED TAX)

In accordance with current legislation, any purchase made through the website will be subject to Value Added Tax (VAT).

  1. RETURNS/EXCHANGE POLICY

15.1 Right of withdrawal by law

Right of withdrawal

If you are contracting as a consumer, you have the right to withdraw from the Contract within 14 days without giving any reason.

The withdrawal period referred to in the preceding paragraph shall end after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or, in the case of multiple goods ordered under one order and delivered separately, 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us by sending an e-mail to contactus@mrkirt.eu, of your decision to terminate the Contract by an explicit statement indicating specifically:

 

your contact details;

the order number;

the date on which the order was placed;

the date on which the order was received;

the date of this document.

 

For this purpose, you can use the attached standard withdrawal form, but it is not mandatory.

To respect the withdrawal period, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Effects of withdrawal

If you withdraw from the Contract, you will be reimbursed all payments made to us, including delivery costs (with the exception of the additional costs arising from your choice of a delivery type other than the cheaper standard delivery type offered by us), no later than 14 days from the day on which the goods subject to the withdrawal decision are delivered to Mr. Kirt of Davide Giannuzzi.

These refunds will be made using the same means of payment as you used for the initial transaction. In any case, you will not incur any costs as a result of this reimbursement.

 

Notwithstanding the foregoing, the refund may be suspended in the event that the goods are not in the best condition or do not look and feel as intended and when they were shipped at the time of ordering.

Please return the goods to MR. KIRT DI DAVIDE GIANNUZI, VIA LAZZARETTO 16, CARDANO AL CAMPO, 21010 (VA)- ITALY within 14 days from the day on which you have notified us of your withdrawal from the Contract. The deadline is respected if you send back the goods before the expiry of the 14-day period.

Except in the case of delivery by courier organized by us, the direct costs of returning the goods will be borne by you.

 

Your right of withdrawal from the Contract will only apply to those products returned in the same conditions in which you received them. No refund will be made if the product has been used in addition to simple opening and for products that are not in the same condition as those in which they were delivered or if they have been damaged: we invite you, therefore, to take care of the products as long as they are in your availability and possession. Please return the item using or including the original packaging, instructions and other documents, if any, accompanying the products in the package.

You are only responsible for any decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

15.3 Common provisions

You may not exercise the right of withdrawal from the Contract for the supply of one or more of the following products:

  1. Customized items.
  2. Music CD/DVD, no original CD casing.

3.sealed goods that are not suitable for return for hygienic reasons and have been opened after delivery.

 

15.4 Returns by courier / forwarder

 

You must contact us, within 14 days of receipt of the goods, using the e-mail address contacus@mrkirt.eu indicating the data reported in art.15.1. You must return the product, within 14 days of your return communication, in the box and package in which it was received, following the instructions in the "RETURNS & REFOUNDS" section of this website.

After receiving and evaluating the terms of the article, we will inform you if you are entitled to a refund of the amount paid and within 14 days of receiving the goods we will pay you the costs incurred by you for the purchase of products and their shipment.

You will be responsible for the shipping costs for the return of the goods.

 

The refund will be made as soon as possible and in any case within 14 days from the date on which we receive the goods returned by you. Notwithstanding the foregoing, the refund may be suspended in the event that the goods are not in the best condition or do not look and feel as intended and when they were shipped at the time of ordering.

The refund will always be made using the payment method used to make the purchase.

You will bear the costs and risks of returning the products as indicated above.

If you have any questions, you can contact us by e-mail at contacus@mrkirt.eu

15.5 Return of defective products

If you believe that the product at the time of delivery is not in compliance with the provisions of the Contract, you must immediately contact us using our e-mail address contacus@mrkirt.eu, within 14 days of receipt of goods, indicating the data required in art. 15.1 and expressly indicating the problem encountered with, if possible, photos that demonstrate the above.

You must return the product to the address indicated in art. 15.1 within 14 days of your return notification.

Once we receive your items, we will carefully review the returned product and notify you by email if we will refund or exchange the product (as applicable). The refund and/or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending one of our e-mails confirming that we will proceed to refund or replace the item not suitable.

 

The amount paid for products that will be returned due to damage or defect, if any, will be refunded in full, including delivery costs incurred for sending the item and for returning it from you. The refund will be made using the payment method used to make the purchase.

All rights recognized by current legislation remain unaffected.

  1. LIABILITY AND EXEMPTION FROM LIABILITY

Unless otherwise provided in these Terms, our liability for products purchased on our website is limited solely to the purchase price of the product in question.

Notwithstanding the foregoing, our liability is not excluded né limited in the following cases:

  1. a) Instances of death or personal injury resulting from our negligence; b) Instances of fraud or fraudulent activity; or
  2. c) Any circumstance in which it is illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent permitted by applicable law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages, such as

  1. loss of earnings;
  2. loss of turnover;

iii. loss of profit or loss of contracts;

  1. loss of expected savings;
  2. data loss; nonché
  3. waste of office administration time.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless expressly stated otherwise.



All product descriptions, information and materials appearing on the website are provided "as is" and without express or implied warranties, except for those provided by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that products are in compliance with the Contract if (i) they comply with the description provided by us and possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) they show qualities and characteristics that are normal in products of the same type and that can reasonably be expected. Within the limits provided by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.

Our products, especially handmade products, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or colour change should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to ́utilizzo of natural raw materials must be foreseen and appreciated. We select only products of the highest quality but this kind of variations is inevitable and must be accepted as part of the characteristic ́aspetto of the product.

These provisions do not in any way limit the rights of consumers under the applicable legislation né your rights to terminate the Contract.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and any other intellectual property rights in the materials or content presented as an integral part of the website are owned by us and by those who have licensed us to use them. You may use this material only in the manner for which you receive express permission from us or those who have granted us a license to use it. This will not prevent you from using this website to the extent necessary to copy your order or contact information.

  1. VIRUSES, PIRACY AND OTHER CYBER-ATTACK RISKS

Any improper use of this site nonché must be avoided to avoid the introduction of viruses, trojan horses, worms, logical bombs or other programs or materials that could cause technological damage. If you do not have permission, you will not have to access the né website, the server where né is hosted, or any other server, computer or database related to our website. You agree not to carry out DoS attacks against this website.

Failure to comply with this clause could result in violations as defined by the relevant legislation. In case of non-compliance with the above mentioned regulations, we will inform the competent authorities with whom we will cooperate to identify those responsible for the attack. Similarly, in case of non-compliance with this Article, you will immediately be withdrawn the authorization to use the website.

To the fullest extent permitted by applicable law and in compliance with consumers' fundamental rights, we disclaim all liability for any damages or losses resulting from a DoS attack, viruses or other programs or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of using our website or downloading content from it or redirecting you to it.



  1. LINKS FROM OUR WEBSITE

If our site contains links to other pages or materials of third parties, such links will be provided solely for information purposes, without our control over the contents or materials contained in such pages or sites. Therefore, we do not accept any responsibility for any damage or loss resulting from their use.

  1. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send you are in writing. By using this website, you agree that most of the communications you communicate with us are in electronic form. We will contact you by e-mail, or by providing you with information by preparing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision shall not in any way limit the rights recognised by existing law.

  1. NOTIFICATION

All communications addressed to us should preferably be sent to the following e-mail address: contacus@mrkirt.eu. Without prejudice to the provisions of ́articolo 20, we reserve the right to send you any communications by e-mail or by post to ́indirizzo provided to us at the time of ́inoltro of ́ordine.

Communications will be deemed received and properly notified respectively when you enter our website, 24 hours after sending an email, or three days after the date of shipment. To prove that a communication has been notified, it will be sufficient to prove, in the case of a letter, that it has been correctly addressed, franked and delivered to the postal service and, in the case of an e-mail, that it has been sent to ́indirizzo by the recipient's e-mail.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement between you and us is binding on you and us, as well as on our respective successors and assigns.

You may not transfer or assign the Agreement or any of its rights or obligations in any way without our prior written consent. We shall have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation arising therefrom. For the avoidance of doubt, any transfer, assignment, sub-contract or other act of disposition of the Contract shall have no impact on your rights as a consumer or shall terminate, shall not reduce or limit in any way any of the warranties or liabilities offered by us, expressly or impliedly.

 

  1. MAJOR FORCE

 

We shall not be liable in any way for any breach or delay in performing any of the obligations under the Contract caused by events that are beyond our reasonable control ("Force Majeure Events"). Force Majeure Events are any act, event, failure to occur, omission or accident beyond reasonable control; such expression includes but is not limited to the following

Strikes, lock-outs or other industrial action.

Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.

Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.

No use of railways, shipping, air, motor transport or other public or private means of transport.

Impossibility of using public or private telecommunications networks.

Acts, decrees, laws, regulations or restrictions of any government.

Any strike, disaster or accident at sea, in post or by any other major means of transport.

It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of such period. It is understood that, even during Force Majeure Events, we will endeavour to find a solution through which to comply with our contractual obligations.

  1. WAIVER

If, during the performance of the Contract, we fail to demand the exact performance of any of your obligations, or of any of the obligations provided for in these General Conditions, or if we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Conditions, this shall not constitute a waiver of such rights or actions and shall not relieve you of any of your obligations.

Our tolerance of your failure to comply will not constitute a waiver of any right to react to a subsequent failure to comply.

No waiver on your part of any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of Articles 19 and 20 above.



  1. PARTIAL NULLITY

If any article of the General Conditions, or part of it, or any of the provisions of the Contract, is found to be invalid, illegal or unenforceable by the competent ́autorita, such article, clause or provision shall be considered as not affixed, while the other articles, clauses and provisions shall remain valid to the maximum extent permitted by law.

  1. INTEGRITY OF THE CONTRACT

These General Conditions, nonché Any document expressly referred to therein, represent the entire agreement between you and us with respect to the ́oggetto of the Contract and supersede any prior agreement, understanding or pact between us, whether oral or written.

You and we acknowledge that, in entering into the Agreement, né You né have relied on any representation, commitment or promise made by the other party, or implied by what was said or written during the negotiations prior to the Agreement, but only on what is expressly stated in these Terms.

You and we shall be entitled to remedy any false statement made by ́altra party, either orally or in writing, prior to the date of each Agreement (unless such false statement was made fraudulently) and the only actions that ́altra party may take shall be for breach of the Agreement, as provided in these Terms.

  1. RIGHT TO AMEND THESE CONDITIONS

We reserve the right to review and amend these Terms at any time.

You will be subject to the General Conditions in force at the time of ́ordine, unless a change to the General Conditions or Data Protection Policies is required by law or at the request of a government ́autorita (in which case it will also apply to orders already transmitted to us).

  1. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through this website are governed by Italian law.

Any dispute arising from or relating to the use of the website or these contracts will be competent the Judge of the place of residence or domicile of the consumer.

If you are entering into the Contract as a consumer, this clause does not in any way affect your rights as a consumer under the law.




  1. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send them to our e-mail address contacus@mrkirt.eu.

If you as a consumer believe that your rights have been violated, you can address your complaints to us via the e-mail address contactus@mrkirt.eu in order to request an out-of-court solution to the disputes.

If the acquisition between you and us took place online through our web page, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request an out-of-court settlement of consumer disputes through the website http://ec.europa.eu/consumers/odr/.

*** **** ***

These general conditions apply from 1 March 2018.

















                ATTACHED

Model withdrawal form (fill in and return this form only if you wish to withdraw from the contract)

Mr. Kirt by Davide Giannuzzi, operating under the name MR. KIRT, Via Lazzaretto 16, 21010 Cardano Al Campo (VA) - Italy or by email to contactus@mrkirt.eu.

I hereby give notice of the withdrawal from my contract of sale of the following goods:

 

Name (*)

 

Surname (*)

 

Email (*)

 

Ordered on (*)

 

Received on (*)

 

Order no.: (*)

 

Name of the consumer: (*)

 

Address of consumer: (*)

Signature of consumer : (*)

(only if this form is notified on paper)



Date: (*)



(*) Delete where not applicable.