Terms of Sale

1. DEFINITION AND SCOPE OF THE CONTRACT

1.1. This contract ("Contract") is a distance contract pursuant to articles 45 et seq. of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") in the case of consumer customers pursuant to article 3 of the Consumer Code or, otherwise, a sales contract pursuant to articles 1470 et seq. cc

The Contract relates to the sale of movable property between Mukca srl ​​(hereinafter "Mukca"), with registered office in Milan, Via Valtellina, 36, CF no. 12547560966, registered in the Milan Company Register and the customer (the "Customer"). The Contract is concluded directly through the acceptance by MUKCA of a purchase proposal issued by the Customer by telephone or via the website www.mukca.com, following an invitation to offer content in television broadcasts, or on the website, on the basis of the methods described in the following article 3.

2. PRICES

2.1. The prices of the products illustrated during MUKCA television broadcasts and on the website www.mukca.com are indicated in euros and include VAT, the WEEE Eco Contribution pursuant to Legislative Decree 49 of 14 March 2014 and all other taxes . Delivery costs are indicated during television broadcasts, by telephone and on the website www.mukca.com, Shipping Section. The price payable by the Customer is the one applicable to the conclusion of the Contract.

2.2. If an incorrect price has been advertised, MUKCA will contact the Customer to verify if he still intends to proceed with the purchase of the product at the correct price. If the Customer does not intend to proceed with the purchase, or if MUKCA is unable to contact him, MUKCA will cancel the order. MUKCA is not obliged to sell the product at the incorrect price should the error be known by the Customer according to ordinary diligence. Any information on prices is available on the website www.mukca.com or by contacting MUKCA.

3. PURCHASE AND PAYMENT METHOD

3.1. MUKCA may, at its sole discretion and without any liability towards the Customer, refuse the purchase proposal received from the Customer. If the Customer intends to purchase products that are no longer available, MUKCA will inform the Customer. The Customer can use the Waiting List or Pre-Order service (where available) or can cancel the order.

3.2. The Customer may pay by (a) major credit/debit cards; (b) cash on delivery. In case of payment by credit/debit card, MUKCA will ship the products only after receiving the payment authorization and, failing that, it will not proceed with the shipment. When paying by cash on delivery, MUKCA will normally ship the products within 2 working days of placing the order. Payments by check are not accepted.

3.3. Further information on payment methods is available by contacting MUKCA or on the website www.mukca.com., Payments Section. MUKCA may store and use the data relating to the Customer's credit/debit card for any subsequent future purchases and to proceed with any refunds, as required by the Information on Data Processing available on the website www.mukca.com, Privacy Section.

4. DELIVERY OF PRODUCTS

4.1. MUKCA delivers the products throughout the Italian territory, including San Marino and the Vatican City. Further information is available by contacting MUKCA or on the website www.mukca.com Shipping Section. MUKCA generally delivers within 3/5 working days (Saturdays excluded). These terms start from the authorization of the payment (in case of payment by credit/debit card), or from the date of conclusion of the Contract (in case of payment by cash on delivery).

4.2. The products covered by a single order cannot be delivered to different addresses and paid for with different payment methods. Unless otherwise agreed, MUKCA delivers to the address provided by the Client upon registration. In the event of multiple orders placed on the same day, where possible MUKCA will deliver all available products ordered on the same day by charging a single shipping cost.

5. GUARANTEES AND ASSISTANCE

5.1. To consumer customers pursuant to art. 3 of the Consumer Code, the legal guarantee of conformity envisaged by art. 128 et seq. of the Consumer Code on all products, including any services pursuant to point 11 of this Contract, which present lack of conformity existing at the time of purchase or which become apparent within two years of delivery of the product. In compliance with the art. 133 co. 4 of the Consumer Code, for used products, marked with the words "Refurbished Product" or "Second Life Product", the legal guarantee is limited to conformity defects not known at the time of purchase and which occur within one year of delivery of the product. The legal guarantee of conformity does not apply in the case of goods with digital elements if the Customer has not installed the updates provided within a reasonable time, the defects depend solely on the lack of the relevant update and the conditions set forth in art. 130, co. 3, letter. a) and b) of the Consumer Code. In case of lack of conformity, the Customer will be entitled, without incurring any expense, to the repair or replacement of the defective product by MUKCA. Where it is not possible or excessively burdensome to carry out the aforementioned remedies, the Customer will be entitled to a reduction in the price or to the termination of the Contract, in accordance with the provisions of articles 135-bis and following of the Consumer Code. In the event that the Customer finds a lack of conformity, he can request assistance by sending an email to mukcashop@gmail.com or by telephone on 344 788 8887

6. CUSTOMER OBLIGATIONS

6.1. The Customer declares and guarantees: (i) to be of legal age; (ii) that the data provided by the same for the execution of the Contract are correct and truthful.

7. MONEY BACK GUARANTEE

7.1. MUKCA wants its customers to be satisfied with the products purchased, therefore - - in addition and without prejudice to the free Legal Guarantee of Conformity and the Right of Withdrawal - all products sold by MUKCA are covered for 30 days following receipt of the product from "Satisfied or refunded" guarantee ("Satisfied or refunded guarantee"). The Customer who has changed his mind about purchasing the product can contact the MUKCA customer service, return the product by shipping it within 30 days of receipt.

7.2. The Customer who makes use of the money back guarantee by returning a product and requesting a replacement will receive the replacement product within 3/5 working days from the date of receipt of the return by MUKCA. In such case, the transport costs for the return shipment and the shipment of the replacement item will be borne by MUKCA. If the replacement product requested is not available, MUKCA will refund it. The customer who makes use of the money back guarantee by requesting a refund will be refunded the full price of the product, provided that the same is returned in its original packaging and in good condition. The refund will normally be made using the same payment method used by the Customer; In case of Payment on Delivery, the refund will be made through Paypal. The transport costs for the delivery as well as the transport costs relating to the return will be charged to the customer and will not be reimbursed. Further information on the Money Back Guarantee is available on the website www.mukca.com .

8. CONSUMER'S RIGHT OF WITHDRAWAL

8.1. The Customer, if he is a consumer pursuant to art. 3 of the Consumer Code, has the right to withdraw from the Contract, without any penalty and without specifying the reason, within 14 days from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the goods. The Customer may exercise the right of withdrawal by contacting Customer Service on 344 788 8887 or at the e-mail address mukcashop@gmail.com. The deadline within which the right of withdrawal can be exercised will be considered respected if the communication concerning the exercise of this right is sent before the expiry of the withdrawal period. The Customer has the right to withdraw from the Contract on condition that the product is returned substantially intact. The Customer who intends to exercise the right of withdrawal must send the products without undue delay and in any case within 14 days from the day on which he communicated to MUKCA the decision to withdraw from the Contract. Pursuant to article 59 of the Consumer Code, the Customer will not be able to benefit from the right of withdrawal, among others, in the following cases: (a) supply of sealed audiovisual products or software, opened by the Customer; (b) supply of custom made or customized products; (c) supply of newspapers, periodicals and magazines; (d) supply of goods which are likely to deteriorate and expire rapidly (e) supply of sealed goods which are not suitable for return for hygienic or health protection reasons and if they have been opened after delivery, (e) for services (such as product installation services) whose delivery began with the express agreement of the Customer and the acceptance by the latter of the loss of the right of withdrawal following complete execution.

8.2. The return of the product through the exercise of the right of withdrawal in the manner indicated above involves the reimbursement of the consideration for the product purchased as well as, in the event of a complete return of the order, the shipping and cash on delivery costs, where present, while the direct costs of the return of the product will be charged to the customer. MUKCA is not required to reimburse the Customer for any additional costs deriving from the Customer's choice of a different and more expensive shipping method compared to the delivery method offered by MUKCA. The refund will normally be made using the same payment method used by the Customer. In case of Payment on Delivery, the refund will be made through Paypal. Further information regarding the products and the relative guarantees are available on the website www.mukca.com .

 

9. GENERAL CLAUSES

9.1. MUKCA may transfer all or part of the rights and obligations deriving from this Contract to third parties.

9.2. MUKCA reserves the right to modify these General Conditions, without any notice and without any prejudice to the sales made prior to such modifications. Any changes will be effective from the date on which they will be communicated to the public and will apply to sales made after that date. The latest updated version of the General Conditions is the one available on the website www.mukca.com.

9.3. The Customer making the return, making use of the right of withdrawal or the satisfied or refunded guarantee, is required to delete any personal data and restore the product's factory settings. MUKCA cannot be held responsible for the consequences deriving from this omission.

9.4. The Customer's personal data is processed by MUKCA in accordance with the provisions of the Information on Data Processing, available on the website www.mukca.com, Privacy Section.

9.5. This Agreement is subject to Italian law. If the Customer is a consumer pursuant to art. 3 of the Consumer Code, the jurisdiction for the resolution of any disputes arising from the interpretation, execution and termination of the Contract is devolved to the judge of the place of residence or domicile of the consumer, if located in Italy. In addition, pursuant to article 49, paragraph 1, letter V of the Consumer Code, the consumer customer can make use of the Joint Conciliation procedure. The procedure can be initiated if the Customer, after submitting a complaint to MUKCA, within thirty days, has not received any response or has received a response deemed unsatisfactory. The Customer who decides to make use of the joint conciliation procedure must send the request to conciliazione@consorzionetcomm.it or to the fax number 02/87181126 (further information is available at the following link:https://www.consorzionetcomm.it/spazio_consumatori/ joint-conciliation/joint-conciliation.kl ). Finally, it is also possible to resort to out-of-court dispute resolution methods, including the mechanism for resolving disputes arising in the context of the online purchase of products via the European Commission's ODR platform at the link http://ec.europa.eu /odr.

9.6. The Customer Service is available from Monday to Friday (national holidays excluded) from 9:00 to 12:00 and from 14:00 to 19:00 at the number 3447888887 or at the e-mail address mukcashop@gmai.com .