PURCHASE AND CONDITIONS OF USE
2. INFORMATION ABOUT US
Mixerishop.it is a site operated by Mixerishop, via Paolo Belizzi 47, 29122 Piacenza, ITALY. We are registered in Registro delle Imprese PIACENZA no. DGSSLV87B52C261N, VAT no. 01706360334, no. REA PC-184942. Our email address is firstname.lastname@example.org
3. PERSONAL DATA PROTECTION
The information and personal details that you provide us about yourself shall be processed in accordance with the Privacy Statement. When using this website, you consent to the processing of this information and details and declare that all the information and details you provide us are true and correspond to reality.
4. USE OF OUR WEBSITE
When using this website and placing orders through it, you promise to: 1. Use this website to make legally valid enquiries and orders only. 2. Not to place any false or fraudulent orders. If it can be reasonably considered that an order of this type has been placed, we are authorised to cancel it and inform the relevant authorities. 3. To provide us with your e-mail address, postal address and/or other contact information. You also agree that we may use this information to contact you if necessary (see our Privacy Statement).
If you do not give us all the information we need, we will be unable to process the order. When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
We ship worldwide however some restrictions are placed on the extent to which we accept orders from specific countries. For more information, send us an email at email@example.com or use our contact form.
6. HOW THE CONTRACT IS FORMED
The information contained in these Conditions and the details contained in this website do not constitute an offer of sale, but an invitation to enter into contract. No contract will exist between you and us with regard to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has been made to your account, its amount will be refunded in its totality. To place an order, you must follow the online purchasing process and click “Authorise payment”. Following this, you will receive an e-mail confirming receipt of your order (the “Order Confirmation “). Bear in mind that this does not signify that your order has been accepted, as the order itself constitutes an offer which you have made to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed by means of an e-mail in which we confirm that the product is being sent (the “Delivery confirmation “). The contract between us for the purchase of a product (the “Contract”) will only be formalised when we send you the Delivery Confirmation. Only the products listed in the Delivery Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Delivery Confirmation.
7. PRODUCT AVAILABILITY
All product orders are subject to their availability. To this effect, if difficulties occur regarding the delivery of products or if there are no articles in stock, we reserve the right to provide you with information about replacement products of a quality and value equal to that which you may have ordered.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any of its material or content. Although we will do everything possible to always process all the orders, exceptional circumstances may arise which oblige us to reject the processing of an order after having sent the Order Confirmation. We therefore reserve the right to do so at any time, at our sole discretion. We will not be liable to you or to any third party for the act of withdrawing any product from this website, regardless of whether said product has been sold or otherwise, for withdrawing or modifying any material or content from the website, or for refusing to process an order after we have sent the Order Confirmation.
Except as provided in Clause 7 above with regard to the availability of the products, and except where extraordinary circumstances arise, we will try to send the order consisting of the product/s listed in each Delivery Confirmation before the delivery date that appears in the Delivery Confirmation in question, or if no delivery date is specified, within 30 days from the date of the Delivery Confirmation. However, delays may occur for unforeseen circumstances or delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make deliveries on Saturdays or Sundays. For the purposes of these Conditions, it will be understood that the “delivery” has been made or that the order has been “delivered” at the moment the order has been signed for at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If it results impossible to deliver your items, your goods will remain with the courier for 5 days. In addition, the courier will leave a note indicating where your order is and what to do in order to collect it. If you are not going to be at the place of delivery at the agreed time, please contact the courier to agree on another day. If 15 days have elapsed since your order became available for delivery and the order has not been delivered for reasons not attributable to us, we will understand that you wish to cancel the Contract and we will consider it resolved. As a consequence of the cancellation of the Contract, we will reimburse you for the price paid for such products as soon as possible, and in all cases, within a maximum of 30 days from the date on when which we consider the Contract to be cancelled. In these cases, we will be authorised to charge you for the transport costs deriving from delivery and Contract cancellation costs.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
The product risks shall be your responsibility from the moment of delivery as defined in clause 9 above.
12. PRICE AND PAYMENT
The price payable for the Products shall be as shown on the Website. Prices advertised on the website include Italian VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
Payment shall be made by you by the means specified on the website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which we have already accepted.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
Payment for all products must be by credit or debit card. We accept payment with Visa, MasterCard, Maestro, PayPal, Discover, American Express and Carta Aura. Your order will not be dispatched until the funds have cleared. To reduce the risks of unauthorized access, your card data will be crypted. If your credit institution will not provide clearance, we will not be responsible for delays in the delivery of the product.
13. BUYING ITEMS AS A GUEST USER
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.
14. ACQUISTO COME UTENTE NON REGISTRATO
Su questo sito è altresì disponibile la funzione di acquisto dei prodotti come ospite. Con questa modalità di acquisto, Le saranno richiesti solo quei dati che sono essenziali a processare il Suo ordine. Al completamento del processo di acquisto, le verrà offerta la possibilità di registrarsi come utente o di continuare come utente non registrato.
15. VALUE ADDED TAX (VAT)
In accordance with current regulation, all purchases made through our website will be subject to Value Added Tax (VAT)
16. CHANGES/RETURN POLICY
16.1 Should you want to return items, by law you have the right to cancel the purchase of most items within 14 days without giving any reason. To exercise your cancellation right fill our Return/Exchange form.
16.2 Should you decide to return items, you will receive a full refund of the price paid as soon as we make sure the items were unworn and unwashed and all tags are attached. In order to process the refund, the item must arrive intact at Mixerishop along with the postal slip and other documents that the original box might have contained. Mixerishop will refund postal charges.
16.3 Should you believe the item you received to be damaged, please get in touch with us as soon as possible and return it to us along with the postal slip. We will proceed with an exchange within 15 days from getting in contact with you. Mixerishop will refund the postal charges encountered by sending back the damaged item.
17. RESPONSIBILITY AND EXONERATION FROM RESPONSIBILITY
Except where the contrary is expressly stated in these Conditions, our responsibility with regard to any product purchased on our website will be strictly limited to the purchase price of said product. Notwithstanding the above, our responsibility is not excluded or limited in the following cases:
• In case of death or personal injury occasioned by our negligence;
• In case of fraud or fraudulent misinterpretation; or
• In any matter in which it is illegal or illicit for us to exclude, limit or attempt to exclude or limit our responsibility.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
• losses of revenues or sales;
• loss of business;
• loss of earnings or contracts;
• loss of anticipated savings;
• loss of data; and
• loss of management time or office hours.
Due to the open nature of this website and the possibility of errors being produced in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website unless expressly established to the contrary therein. All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied guarantees on the same. To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favour of consumers and users. The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to cancel the Contract.
18. INTELLECTUAL PROPERTY
You recognise and consent that all copyright, registered trademark and other intellectual property rights over the materials or contents provided as part of the website at all times correspond to us or to those who grant us permission for their use. You may use said material only to the extent that we or the usage licensers expressly authorise it. This does not prevent you from using this website as necessary in order to copy the information about your order or Contact details.
19. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You may not make any undue use of this website by means of the intentional introduction of viruses, trojans, worms, logic bombs or any other malicious or damaging technological program or material. You shall not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will cooperate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from it or from websites to which this site redirects you.
20. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. We therefore accept no responsibility for any damage or loss deriving from their use.
21. WRITTEN COMMUNICATIONS
The regulations in force require that some of the information or communications we send you must be in writing. When using this website, you accept that most of the communications with us will be electronic. We will contact you by e-mail or we will provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic communication method and recognise that all contracts, notifications, information and other communications which we send you electronically meet the legal requirements of being in writing. This condition will not affect your rights recognised by Law.
The notifications you send us should preferably be made using our contact form. It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. To prove that the notification has been made, in the case of a letter it will be sufficient to prove that it had the correct address, it was properly stamped and that it was duly posted at a post office or in a letter box, and in the case of an e-mail, that it was sent to the e-mail address specified by the receiver.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding for both you and us, as well as for our respective successors and assignees. You may not transmit, assign, encumber or in any other manner transfer a Contract or any of the rights or obligations deriving from it for or to you without having received our prior written consent. We may transmit, assign, encumber subcontract or in any other manner transfer a Contract or any of the rights or obligations deriving from it for or to us at any time during the validity of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
23. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in compliance with any of the obligations we assume under a Contract caused by events which are outside our reasonable control (“Force Majeure”). Situations of Force Majeure shall include any act, event, failure to exercise, omission or accident that is reasonably out of our control and shall include especially (without limitation) the following:
1. Strike, lockout or other forms of protest.
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, aeroplanes, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failures or accidents of maritime or river, postal or any other type of transport.
It will be understood that our obligations deriving from the Contracts will be suspended during the period during which Force Majeure continues, and we will have an extension of the deadline for meeting these obligations for a period of time equal to that for which the Force Majeure lasts. We will use all reasonable means to finalise the Force Majeure or to seek a solution that enables us to meet our obligations under the Contract, despite the Force Majeure.
Lack of requirement on our part for strict compliance on your part with any of the obligations you have assumed under the Contract or these Conditions or our failure to exercise the rights or actions which may correspond to us under said Contract or Conditions, will not result in any waiver or limitation with regard to said rights or actions, nor will it exonerate you from meeting such obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and is formalised and communicated in writing in accordance with that established in the 17 and 18 section above.
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
26. ENTIRE AGREEMENT
These Conditions and all documents to which they expressly refer constitute the complete agreement between you and us with regard to their subject and replace any other prior pact, agreement or promise convened between you and us verbally or in writing. We and you acknowledge having consented to enter into the Contract without reliance on any declaration or promise made by the other party or which may be inferred from any declaration or document in the negotiations filed by both parties before said Contract, except that which appears expressly mentioned in these Conditions. Neither you or we will be able to take legal action regarding any untrue declaration made by the other party, verbal or in writing, prior to the date of the Contract (except where said declaration has been made in a fraudulent manner) and the only legal action which the other will be able to take will be due to a breach of contract in accordance with the provisions of these Conditions.
27. OUR RIGHT TO MODIFY THESE CONDITIONS
28. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts through said website are governed by Italian legislation. Any dispute which may arise with regard to the use of the website or said contracts will be subject to the non-exclusive jurisdiction of the Italian courts and tribunals. If you are contracted as a consumer, nothing in this clause will affect the rights recognised you by the legislation in force.