Shop Policy
General conditions
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter "General Conditions") have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.mcmagro.com (hereinafter, the "Site"), of which the owner is the Company MC-MILLAN AGRO OY, qualifying as "McMillan", in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Code of Consumption"). The term "Seller" means the person providing the services of the products and owner of the Site is: Company MC-MILLAN AGRO OY, Business ID 2817690-5, with registered office in Niemenkatu 73, 15140 Lahti (FINLAND) email: info@mcmagro.com. The consumer who, with the expression "Consumer" or equally "Buyer", means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out, which accesses the Site to make purchases, (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available for consultation at any moment, by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored. In the event that the person making purchases on the Site requests the issuance of an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers". Contracts concluded with McMillan, through the Site, are governed by these General Conditions in compliance with Italian law. The languages available to conclude the contract are Italian, English and French. The products referred to in the previous point are illustrated on the web page: www.mcmagro.com/shop.
2.Select and order the Products - subject of the contract
With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible goods indicated and offered for sale on the website www.mcmagro.com via telematic tools. The characteristics and the price of the various products for sale on the Site, (hereinafter "Product" or "Products"), are shown on the page relating to each Product. For the purchase of the Products and conclusion of the same contract, the Customer must complete and send the order form in electronic format, www.mcmagro.com/carello, following the instructions contained on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and, to fully accept these General and payment conditions transcribed. . The contract stipulated between MC-MILLAN AGRO OY and the Customer must be considered concluded with the acceptance of the order by “www.mcmagro.com”. This acceptance is communicated to the Customer through an e-mail confirming the order itself, containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential features and the total price, including delivery costs. The Customer will check the confirmation e-mail and, if he identifies errors in the order, he will have 12 hours, from the receipt of this e-mail, to contact the Customer Service directly from the Site, using the appropriate section of contact accessible via the link in the Customer Service. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in article 7 below. Once the order is received, McMillan will check the availability of stocks for the fulfillment of the order itself. In the event that one or more Products are not available, McMillan Customer Service will promptly send an e-mail to the Customer who, within the next 12 hours, will have the right to respond to confirm the shipment of any additional Products available. or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, McMillan will process the order with the Products available. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages caused to persons and / or things, caused by the non-acceptance, even partial, of an order.
3.Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4.Prices and Shipping
Product prices are inclusive of all taxes and duties. All sales prices of the products displayed and indicated on the website www.mcmagro.com/shop are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
Shipping to Italy:
Throughout Europe, the cost of shipping is in relation to the weight of the products chosen, based on the courier's tariff, so the amount is variable on purchases.
4.1 Shipments Abroad
For international shipments, contact our customer service from the link in the "Customer Service" section.
5. Methods of payment and billing
5.1 Payment methods
The Customer will be able to pay the price of the Products and the related delivery costs through the PayPal, Stripe or Satispay circuit.
PayPal and Credit Cards
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid (Visa / Visa Electron, Mastercard, American Express), or in any case, according to the accepted methods. by PayPal, and in compliance with the relevant conditions. PayPal uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.
Promotional code
The Customer must enter the promotional code, if applicable, during the purchase process, and click on "Apply Promotional Code".
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by filling in the appropriate "VAT / CF" field during the order procedure and entering the billing data including tax code and / or VAT number. . In this case, the invoice will be sent by e-mail to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6.Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Details" field. All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. McMillan is not responsible for unforeseeable delays or those not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days, starting from the day following that in which McMillan confirmed the order to the Customer through a specific and - order confirmation email.
Active delivery services in Italy:
Express courier
The service provides for a delivery attempt at the address indicated at the time of the order. After the passage, verified the absence of the Customer in the address indicated for the shipment, a notice will be left. The Courier can contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
Active delivery services abroad:
Express courier
Shipments abroad may take place with different couriers depending on the country of destination, in order to ensure the customer the best available rate.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point 7.4 below. To exercise this right, the Customer must send McMillan a communication within 14 days from the date of receipt of the Products, using the form below. If you intend to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are charged to the User.
This communication must be sent by email to:
Admin@mcmagro.com
Subject: Returns and Refunds
Model withdrawal form
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer (s): _____________________________________________
Address of the consumer (s): _____________________________________________
Date: _____________________________________________
McMillan Customer Service will, upon receipt of the communication, open a file for the management of the return and, to communicate to the Customer, the instructions on how to return the Products. The right of withdrawal is governed by the following conditions:
7.1 The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
7.2 In case of exercise of the right of withdrawal, McMillan will refund the customer the full amount of the returned goods, excluding shipping costs, within 14 days from the date on which the notice of withdrawal was received and at the latest within 30 days from itself, without prejudice to McMillan's right, to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer. In case of bank transfer, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
7.3 Also in order to guarantee the refund of the Product, pursuant to article 8 below, the Products must be returned in the same box in which they were received.
7.4 In addition to the cases indicated in the Introduction (customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
order of products made to measure or clearly personalized;
order of Products that are likely to deteriorate or expire rapidly;
order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery;
the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods, and in any other case provided for by the Consumer Code, which herein is understood to be fully reported and transcribed.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all Food Products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site, which can be returned to McMillan and put back on the market without endangering the health of consumers. In cases where the right of withdrawal is excluded, McMillan will return the purchased Products to the Customer, charging the shipping costs to the Customer. With the receipt of the communication, with which the Customer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article. The Customer who, making use of the right of withdrawal, returns the Products or delivers them to McMillan or to a third party authorized by McMillan, to receive the Products, without undue delay and, in any case, within 14 days from the date on which he communicated to McMillan his decision to withdraw from the contract pursuant to Article 54 of the Italian Civil Code. The deadline is met if the Customer sends back the goods before the expiry of the 14-day period. The Customer is solely responsible for the decrease in the 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.
8. Warranty and Defects of Conformity
In the event of any lack of conformity of Products sold by McMillan, the Customer must immediately contact Customer Service, using the appropriate contact section accessible on the Site via the link in Customer Support. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to McMillan within one month from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry. in a shorter period, in which case the defect must be reported within this shortened period. McMillan is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
9.Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which, therefore, McMillan cannot be held responsible, except in the case of willful misconduct or gross negligence. McMillan reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these Conditions Generali and the Consumer Code. Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order. McMillan, assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products, if you can prove that you have taken all precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
10. Complaints
Any complaint must be forwarded to McMillan, using the appropriate contact section accessible directly on the Site, via the link in the Customer Service, info@mcmagro.com
11.Cause of termination
The obligations assumed by the Customer, with the signing of these General Conditions, as well as the guarantee of the successful completion of the payment that the Customer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by McMillan in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
12. Online resolution of consumer disputes
Pursuant to art. 14 of Regulation 524/2013, the user is informed that, in the event of a dispute, he or she may submit a complaint via the ODR platform of the European Union which can be reached at the following link http: // ec. europa.eu/consumers/odr/ . The ODR platform constitutes an access point for users who wish to resolve disputes arising from sales contracts or online services out of court.
13. Protection of the confidentiality and processing of the Buyer's data.
13.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
13.2. Personal and fiscal data, acquired directly and / or through third parties by McMillan, data controller of the products, are collected and processed in paper, computerized, telematic form, in relation to the methods of treatment, with the aim of registering the order. and, activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best carry out the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
13.3. McMillan undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
13.4. Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
13.5. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
updating, rectification or, when interested, integration of data;
the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently treated;
the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible o involves the use of means manifestly disproportionate to the protected right .
The interested party also has the right to object, in whole or in part:
- for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
- to the processing of personal data concerning him, for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
13.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be processed.
13.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
13.8. The owner of the collection and processing of personal data is McMillan, to whom the Buyer can address any request at the company headquarters.
13.9. Anything sent to the e-mail address (including electronic mail) for requests, suggestions, ideas, information, materials, etc., will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to rights of others and truthful, in any case no responsibility can be attributed to the Center for the content of the messages themselves.
14. Buyer's Obligations
14.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
14.2. The Buyer undertakes, once the online purchase procedure has been completed, to provide for the conservation of this contract.
14.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
15. Applicable law and competent court
For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence will have exclusive jurisdiction. or domicile if located in the Italian territory.
16 Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract. Prescriptions of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 - Simplification of certain public and private obligations with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette of 1 July 2008, no. 152. General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142. . Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delivery delays), 10 (right to correct errors - disclaimers). These General Conditions abrogate and replace any agreement, understanding, negotiation, written or oral, previously intervened between McMillan and the Customer, concerning the subject of these General Conditions.