Terms and Conditions

1. PRELIMINARY REMARKS AND DEFINITIONS

1.1 The General Conditions of Sale set out in this document regulate the purchase of products present on the website www.mk2shop.com (hereinafter “Website”).

1.2 “Seller” means Eco Shops S.r.l, registered office in Piazza Papa Giovanni XXIII 4/A, 33100 Udine (UD) ITALIA, Tel. +39 0432 1840654, e-mail: support@mk2shop.com, P.IVA and C.F. IT02699680308, registered in the Register of Companies Udine n. 02699680308, social capital € 10.000,00 fully paid and owner of the MK2Shop trademark.

1.3 “Buyer” means any person, either juridical or physical, that buys goods from the Website.

1.4 “Online Sales Contract” means the distance purchase contract stipulated between the Seller and the Buyer, for the exchange of the goods marketed by the Website.

1.5 ”General Conditions of Sale” means the terms that regulate the sale and the purchase of products through the Website, based on the Consumer Code Legislative Decree n. 206/2005, as modified by Legislative Decree n. 21/2014

1.6 “Order” means the request made by the Buyer to the Seller for the purchase of one or more products present on the Website.

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

2.1 The Contract stipulated between the Seller and the Buyer ends with the acceptance by the Seller of the Purchase Proposal.
This acceptance is considered tacit, unless otherwise communicated, following the sending of the Confirmation of the Order by e-mail to the address specified by the Buyer with the Order.

2.2 In the case of payment by Bank Transfer, the contract stipulated ends with the booking of the bank transfer.

2.3 By validating an Order, the Buyer automatically declares to have read all the instructions received during the purchase procedure and to fully accept the General Conditions of Sale.

2.4 The Buyer is required, once the online purchase procedure is completed, to provide for the printing and preservation of this contract, in compliance with the provisions of Articles 49-51 of Legislative Decree no. 206/05 on distance sales.

2.5 The General Conditions of Sale can be subject to modifications.
Any changes are not applicable to contracts stipulated before their publication.

3. PURCHASING METHODS

3.1 The Buyer may buy all the products available and viewable on the online catalogue present on the Website.

3.2 The Seller reserves the right to refuse or cancel the Order, giving timely notice to the Buyer.
In the event that the Buyer had already made the payment at the time of cancellation, the refund will be made within fourteen days from the date of communication of the cancellation, in accordance with article 56 C.d.C. (Consumer Code)

3.3 The information contained in the adverts faithfully reproduces the information provided by the manufacturers of the goods.
We point out that the images published are only representative and do not constitute a contractual element.
The Seller is not responsible for any errors in the technical or descriptive product specifications and / or photographs due to incorrect information in the manufacturer’s catalogue or website.

3.4 The Seller reserves the right to modify the technical specifications of the products in order to adapt them to those supplied by the manufacturers, without prior notice.

3.5 The receipt of the Order is confirmed by the Seller by e-mail sent to the e-mail address communicated by the Buyer.
This confirmation message (hereinafter referred to as "Order Confirmation") will report:

  • Order or reference number, to be used in any further communication with the Seller
  • date of the Order
  • billing and destination data for the goods
  • details and prices of the goods ordered
  • data relating to the transport service and any additional services
  • terms of payment
  • notes and any warnings to the Buyer

3.6 Upon receipt of the Order Confirmation, the Buyer is required to verify the correctness of the data and of the Order and to promptly notify any inaccuracies by e-mail to support@mk2shop.com

3.7 Upon receipt of the Buyer’s Order, the staff of Eco Shops S.r.l. will check the payment and availability of the goods, then they will accept and process the Order.

3.8 For each Order completed, the Seller will issue the relevant purchase receipt or invoice, based on the data provided by the Buyer with the Order

3.9 The Buyer will be able to check the status of his Order by accessing the Users Area, under "My Account".

3.10 The Purchase Proposal is "subject to availability".
In the event of a product that is no longer available, the Seller will promptly notify the Buyer by e-mail or by telephone, specifying the expected time of availability or any changes to the purchase proposal.
In such cases, the Buyer may replace the product, wait for availability in the new times communicated or cancel the Order requesting a full refund for any sum already paid.

3.11 In the event that the Buyer chooses the reimbursement of the sum already paid, this will be done within fourteen (14) days from the date of receipt of the request for reimbursement, in accordance with Article 56 of the C.d.C (Consumer Code).

3.12 Any right of the Buyer to compensation for damages is excluded, as well as any contractual or extra- contractual responsibility of the Seller for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an Order.

3.13 Any changes to the Order already confirmed may be made by the Buyer within 24 hours from the execution of the same and must be sent in writing to the Seller by e-mail.
After this deadline (24 hours), modifications cannot be guaranteed and may be authorized by the Seller depending on the progress of the Order.

4 TERMS OF PAYMENT

4.1 All prices on the Website are to be understood as prices to the public, therefore inclusive of IVA (VAT), except in the case where the country of destination of the product is outside the EU or in case the Buyer in the Order has entered a VAT community number registered with VIES.

4.2 In case of delivery outside the EU, VAT and any import duties must be paid by the Buyer after customs clearance, according to the instructions given by the courier who will deliver the goods.

4.3 The Seller reserves the right to vary the price of products on the Website at any time, without notice.
No variation will in any case be applied to the price of a product belonging to an Order already accepted by the Seller.

4.4 In case of displaying a manifestly incorrect price, the Seller reserves the right to cancel the Order.

4.5 The payment of the price of products, shipping costs and any additional services are charged to the Buyer. The Buyer can make payment by choosing one of the methods available on the Checkout page.

4.6 Credit card: in case of purchase of goods with payment by Credit Card, the charge on the credit card takes place simultaneously with the conclusion of the online transaction.
In case of non-acceptance of the Order, the Seller will proceed to reimbursement by transfer of the amount from the interbank circuit of the credit card.
The Seller reserves the right to ask the Buyer for additional information, such as identification documents and / or proof of ownership of the credit card used.
In the absence of the required documentation, the Seller reserves the right not to accept the Order.

4.7 Cash on delivery (valid only for deliveries on Italian territory): in case of cash on delivery, an additional fee will be applied to the total amount, clearly shown when choosing the payment method.
The payment, to be made directly to the courier, will occur at the time of delivery of the products and may be made, depending on the amount of the Order, in cash (up to a value of Euro 2999.00) or by bank draft issued and made out by a bank (bank checks and postal checks or money orders will not be accepted).
Bank drafts must be made out to Eco shops S.r.l. and the carrier may request a copy which must be sent in advance by fax or e-mail.
Any changes to the maximum amounts of cash on deliveries in cash may be varied by the carriers according to their internal rules and cannot be syndicated by the Seller or be considered by the Buyer for a possible cancellation of the Order.
For orders sent using cash on delivery methods, the Seller reserves the right to request the Buyer to send a copy of his identity document electronically.

4.8 Bank transfer in advance: the method of payment by bank transfer in advance provides for the acceptance and validity of the Order, only after the payment by the Buyer and the unequivocal receipt of the bank transfer by the Seller.
The data to perform the transfer are communicated in the order confirmation page at the end of the online procedure and in the Order Confirmation sent to the Buyer.
The reason for payment of the bank transfer must include the Order number, name and surname of the holder of the Order.
The transfer must be ordered by the Buyer within 3 calendar days from the date of acceptance of the Order. Any bank charges will be charged to the Buyer.
Any lacks or discrepancies between the data communicated by the Buyer in the Order and the data reported in the payment by bank transfer might cause delays in the acceptance of the same by the Seller.

4.9 PayPal: in the case of purchase with PayPal payment, upon conclusion of the online transaction, PayPal will immediately charge the amount related to the purchase made.

4.10 On the basis of the current regulation on the protection of Privacy, all communications relating to payments are protected by an encryption system.

5 SHIPPING AND DELIVERY

5.1 Unless otherwise indicated in the Order Confirmation, shipping costs are charged to the Buyer and include insurance and any additional packaging.

5.2 The Seller undertakes to deliver the products ordered by the Buyer to the address and in the manner indicated in the Order Confirmation.

5.3 The Buyer is required to verify the accuracy of the shipping address provided.
The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the Order by the Buyer (incomplete address, incorrect telephone number, etc.).

5.4 For each Order placed, the Seller issues a suitable document to accompany the material sent (Receipt or Invoice).
For the issue of these documents, the information provided by the Buyer in the Order serves as evidence. After the invoice has been issued, it will not be possible to make changes to it.

5.5 Delivery times may vary from the day of the Order to a maximum of 30 working days from the confirmation of the same.
In the event that the Seller is not able to make the shipment within this period, the Buyer will be given timely notice by e-mail.

5.6 Shipping costs are calculated based on the volume and weight of the goods and the place of destination; the calculation of shipping costs can be made online, by placing the goods in the cart and indicating the destination address.
The estimate is without obligation and does not involve the conclusion of the Order.

5.7 The Seller will inform the Buyer by e-mail of the date on which the package was delivered to the courier. The e-mail will show all the useful references to follow the shipment.

5.8 National and international couriers make deliveries from Monday to Friday, in normal business hours regulated and indicated by them and cannot be syndicated by the Seller.

5.9 Unless otherwise indicated by the Buyer in the Order form, delivery is considered carried out on the roadside.
Delivery to the floor is available, as an additional service, only for shipments made on the Italian territory. Delivery to the floor involves only the use of personnel, and not of elevators, machinery or other special equipment.

5.10 It is up to the Buyer to check the accessibility of the goods ordered to the place of delivery and to report any difficulties before the goods leave.
Any inability to deliver goods caused by the Buyer’s failure to perform these checks cannot be used by the Buyer to cancel the Order.

5.11 Deliveries to disadvantaged areas such as smaller islands, mountain areas difficult to reach, pedestrian areas and / or areas with limited access to normal means of transport of goods and for which the Buyer has not previously informed the Seller may be subject to a surcharge that will be communicated to the Buyer by e-mail as soon as possible and in any case before the shipment of the goods.

5.12 The Buyer is informed that both the packaging and the products, once discarded, should not be dispersed in the environment but transferred to the waste disposal systems in compliance with current regulations.

6. SHIPPING AND DELIVERY TIMES

6.1 Average delivery times are reported in the product sheet.
Such data must not be considered by the Buyer binding towards the conclusion of the contract stipulated with the Seller.

6.2 Shipping and delivery times can be checked at any time by the Buyer with the operators of Eco Shops S.r.l. by telephone or e-mail.

6.3 Any delays in shipping times indicated in the product sheet or in the Order Confirmation will be communicated promptly as soon as it is known.
In any case, they cannot be considered by the Buyer for claims for damage or compensation as well as any contractual or extra-contractual responsibility for direct or indirect damage to persons and / or property.

6.4 No responsibility can be attributed to the Seller due to delivery delays attributable to the appointed carrier.

7. PICKUP IN STORE

7.1 The Seller offers the Buyer the possibility to collect the ordered product from the Shop, located in Piazza Papa Giovanni XXIII 4/A, 33100 Udine (UD) ITALIA.

7.2 As soon as the Order is ready for collection, the Buyer will be contacted by telephone or e-mail by the operators of Eco Shops S.r.l. to arrange a collection appointment.

7.3 To collect the Order, the Buyer must show the Eco Shops S.r.l. staff copy of the e-mail of notice of successful delivery to the collection point together with an identity document.
If the Buyer can not personally collect, the Buyer may delegate a third party in writing.
The proxy must be accompanied by a copy of the identity documents of both the Buyer and the delegated subject.

8. TRANSFER OF RISKS AND DAMAGE FROM TRANSPORT

8.1 The Buyer is required to verify the conditions of the product that has been delivered to him.
The risk of loss or damage to products, for reasons not attributable to the Seller, is transferred to the Buyer, when the Buyer, or a third party designated by him and different from the carrier, has acquired the material availability of the products.

8.2 In the event that the carrier has been chosen by the Buyer outside of those proposed during the purchase, the risk of damage to the products is already transferred to the Buyer at the time of delivery to the carrier, precluding any objection regarding the external characteristics of what delivered.
Any claim must be made directly by the Buyer against the carrier (Article 63 paragraph 2 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014).

8.3 Shipments made by the Seller are insured against transport damage.
To make sure the insurance is valid, at the time of delivery of the goods, the Buyer is required to check

  • that the packaging is perfectly intact and not altered, even in the closing strips.
  • that the external appearance of the goods corresponds to what is indicated in the Order Confirmation
  • that any devices designed to signal impacts and / or reversals to the goods have not shown improper handling of the shipment.

8.4 In case of tampering and / or packaging breakage, the Buyer must accept the goods with "CONTROL RESERVE", describing personally and in detail the damage on all copies of the courier's delivery notes.

8.5 In case of obvious damage to the products, the Buyer can directly refuse delivery, describing personally on all copies of the courier's delivery receipt the reason for non-collection.

8.6 At the time of delivery, the courier is required to wait only for verification by the Buyer of the integrity of the packaging.
The opening of the packaging and the checking of the integrity of the products contained in them must be carried out subsequently by the Buyer.
The original packaging and any accessories must in any case be kept for the entire duration of the product warranty, so that they can be reused in case of returns, defects or other.

8.7 Once the presence of a damage caused by transport is ascertained, the Buyer is obliged to report it to the Seller within 5 (five) days from receipt of the goods by e-mail, complete with photographic documentation of the packaging and damaged goods.
Any report received after the deadline will not be taken into consideration.

8.8 The Buyer, who for any reason whatsoever has not followed the aforementioned indications in the present Contract of Sale, will not subsequently be able to claim to the Seller any shortages or damages caused by the carrier.

9. RIGHT OF WITHDRAWAL

9.1 The Buyer is entitled to withdraw from the purchase contract for any reason, without having to provide an explanation, within 30 days.

9.2 The 30-day count starts from when the Buyer or a third party designated by him, other than the carrier, acquires physical possession of the goods.
If more products were purchased, the 30 days start from the receipt of the last package.

9.3 According to the C.d.C. (Consumer Code) the Buyer has the right to choose how to send the notice of withdrawal.
In any case, the Buyer is invited to fill in completely the form on the dedicated page.

9.4 The right of withdrawal does not apply to purchases made for purposes related to a professional activity, or when indicating in the Order form a reference of VAT number and / or business name.

9.5 The goods must be returned to the Seller intact in the original packaging properly sealed, complete in all parts (including packaging, internal protections, external protections, wooden pallets and any documentation and accessories, e.g. manuals, mounting equipment, etc.).
The address for the return of the goods is as follows:
Eco Shops S.r.l.
Piazza Papa Giovanni XXIII 4/A
33100 UdineUdine
Italy

9.6 The choice of the courier for the return shipment is up to the Buyer. The shipment of the product to the Seller, until confirmation of receipt by the same, is under the full responsibility of the Buyer, who will be required to refund the damage to the Seller in case of accident, without prejudice to the liabilities of the carrier. In case of damage to the goods during the return transport, the Seller will inform the Buyer of the event within 5 working days from receipt of the goods, to allow the Buyer to promptly report his complaint to the courier chosen by him and obtain reimbursement of the value of the goods (if insured). The Seller also undertakes to put the goods at the disposal of the Buyer, who can proceed with the collection at his own expense.
The detection of damages to the goods during the return shipment will automatically cancel the withdrawal request and the consequent refund.

9.7 Pursuant to art. 56 C.d.C.(Consumer Code) the Seller agrees to proceed with the refund within 14 days of receipt of the notice of withdrawal.
However, the refund can be withheld for more than 14 days, until the goods have been received and verified by the Seller.

9.8 The reimbursement to the Buyer will be inclusive of all payments made to the Seller during the purchase phase, including delivery costs (with the exception of any additional costs and / or services).

9.9 The right of withdrawal is however subject to the following conditions.

  • The right applies to the product purchased in its entirety, the Buyer must verify the conformity of the material received, reporting any damage caused by transport (8.3 and later) or production defects if any.
  • The shipment for the return of the material, up to the certificate of receipt in the Seller's warehouse, is under the full responsibility of the Buyer.
  • The Seller is not responsible in any way for damage, theft and / or loss of goods returned by shipments not insured by the Buyer.
  • Upon arrival at the warehouse, the product will be examined to assess any damage or tampering.
    If the packaging and / or the original packaging is excessively damaged, the Seller will deduct from the reimbursement due the expenses incurred for the restoration of the same.

9.10 The Buyer is responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal is fully lost for lack of the essential condition of the goods integrity, in cases where the Seller ascertains:

  • The non-diligent use of the goods that has compromised the integrity or use of any consumables;
  • The lack of external packaging and / or original internal packaging;
  • The absence of integral elements of the product (accessories, screws, etc.);
  • Damage to the product for reasons other than transport.

In case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Eco Shops S.r.l. available to the Buyer for pick-up at his/her expense.

10. WARRANTY

10.1 All products sold by Eco Shops S.r.l. are covered by the manufacturer's conventional warranty and, pursuant to Legislative Decree 206/05, the 24-month warranty for defects in conformity in the case of purchase as a consumer (i.e. a natural person who purchases the goods for purposes not related to their own professional activity).
In all other cases the conventional warranty is 12 months.
The Seller is liable to the Buyer for any lack of conformity existing at the time of delivery of the product and which manifests itself within the aforementioned terms.
The term starts from the date of delivery of the product to the Buyer.
To take advantage of the warranty service, the Buyer must keep a copy of the invoice or receipt.

10.2 Unless proved otherwise, it is presumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month after the delivery of the product instead, the consumer will have the burden of proof that the lack of conformity already existed at the time of delivery.

10.3 Pursuant to Legislative Decree 206/05, the warranty applies to a product that presents a lack of conformity, provided that the product has been used correctly in accordance with its intended use.
In case of lack of conformity, the Buyer who has signed the contract as a consumer will have the right to obtain the restoration of the conformity of the products without expenses, by repair or replacement, or to obtain an appropriate price reduction.

10.4 In the event that the Seller is not able to provide the Buyer with a product under warranty (restored or replaced), the Seller may proceed with its consensual replacement with a product of characteristics equal or superior to the one disputed.

10.5 The times of repair or possible replacement of the product, depend exclusively on the policies of the manufacturer and no damage can be requested from the Seller for any delays in carrying out these operations.

10.6 In case of warranty replacement of all products, the Seller will collect the defective material for the actual technical verification of the defects highlighted by the Buyer.

10.7 The Buyer is required to keep the original packaging and all additional documentation of the products purchased until the expiry of the warranty terms.
The item under warranty must be returned by the Buyer in the original packaging properly sealed, complete in all its parts (including packaging, internal protections, external protections, wooden pallets and any documentation and accessory equipment: manuals, assembly equipment, etc.).
The Buyer will be given an authorization number for the return of the product that must be indicated on the outside of the package, following the instructions provided directly in the Seller's authorization e-mail.

10.8 The Seller will take care of the transport organization for the return and redelivery of the goods replaced / repaired under warranty.

10.9 The Buyer is obliged to keep a copy of these General Terms and Conditions of Sale in paper or electronic form valid at the time of signing the distance contract.

11. PERSONAL DATA PROTECTION

11.1 The Seller is the holder of the personal data collected at the time of registration on the Website, as well as those subsequently communicated at the time of purchase by the Buyer, except for the data related to the payment procedure for which one refers to the banking institutions through which the transaction takes place. For information concerning the processing of personal data, including the rights referred to in art. 7 of Legislative Decree 196/03 and the rules of the European Regulation n.2016 / 679, please refer to the Privacy Policy.

12. LIABILITY EXCLUSION IN CASE OF FORCE MAJEURE

12.1 In no case will the Seller be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions of Sale in the event that the non-fulfillment is caused by chance and / or force majeure, including, merely by way of example, natural disasters and socio-political events.

13. JURISDICTION AND DISPUTE RESOLUTION

13.1 The Online Contract of Sale between the Buyer and the Seller is governed by Italian jurisdiction and, in particular, by the Consumer Code - and subsequent amendments, and by Legislative Decree no. 70/2003 and subsequent amendments.

13.2 For the solution of civil and criminal litigation arising from the conclusion of the distance Contract of Sale, the local jurisdiction is that of the reference court of the municipality of residence of the Buyer, if this is a community citizen who has purchased in consumer capacity; in all other cases, the territorial jurisdiction is exclusively that of the Court of Udine.

13.3 As required by Regulation no. 524/2013, any Buyer resident in Europe has the right to use the European Union's ODR platform for online dispute resolution. This tool is a point of access for Buyers who wish to resolve out of court disputes arising from online sales contracts or services.
The European ODR platform is available at the following https://webgate.ec.europa.eu/odr

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