Terms and conditions of use

GENERAL CONDITIONS OF SALE

  1. INTRODUCTION

This document (together with the documents referred to therein) contains the conditions that govern our mutual relations in relation to the use of this Website (keryl.com) and your purchase of the products contained therein (hereinafter the “General Conditions”).

We recommend that you carefully read these General Conditions, the Cookies Policy and the Personal Data Protection Policy (hereinafter jointly 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 acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all of the aforementioned Conditions and the Data Protection Policies, please do not use this Website.

For any questions or doubts regarding these General Conditions and the Data Protection Policies, please contact our Customer Service at the email address customerservice@keryl.eu.

  1. SELLER IDENTIFICATION

The goods covered by these general conditions are offered for sale by Manco Srl, with registered office in Montesilvano, via Fosso Foreste 12, 65015 Montesilvano PE (Italy), registered with the Chieti-Pescara Chamber of Commerce, VAT number 02245920687.

You can contact us by email at customerservice@keryl.eu

  1. SUBJECT OF THE CONTRACT

Orders are placed via the Website www.keryl.com and other related subdomains.

The products are shown with specific and detailed indication of their characteristics, in the dedicated section within the Website.

  1. METHOD OF ENTERING INTO THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS

The contract between the Seller and the Buyer is concluded exclusively via the Internet in remote telematic mode, through the Buyer accessing the web address www.keryl.com and other related subdomains, following the procedures below:

– When you are ready to make a purchase, click 'Add to Cart'. Then click 'Proceed to Checkout' to access our secure servers to complete your order.

– If this is your first purchase on the Website, you may choose to create an account with us using your email address; in this case, you will be asked to create a password and provide your email address. The email address you use to register must be the same as the email address to which your order confirmation will be sent.

– If you are already registered on the Website you can enter your login details to access your account.

– You will then be asked to choose your preferred delivery method (if there are shipping costs applicable, they will be applied to the total amount and it will be possible to verify the amount before sending the order), to confirm your address and to enter your payment details.

– You will then be sent an email confirming receipt of your order (the “Order Confirmation”), showing the date and time of receipt of the order and a “Customer Order Number”, to be used in all further communications with us. The message will be sent automatically to the email address with which you registered.Please note that this does not imply that your order has been accepted, as it constitutes a mere contractual proposal for the purchase of our products.

– Acceptance of your order will be validated by sending a second email confirming the shipment of the order (the “Shipping Confirmation”) to the address you indicated for shipping.

– The contract between the parties (the “Contract”) will be deemed concluded with the sending of the Shipping Confirmation.

– Only the number of products indicated in the Shipping Confirmation email will be included in the Contract.

- By confirming the Order by clicking on "Complete the order", the Buyer declares that he has consciously accepted the content and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions, declaring that he has read and accepted all the indications provided by him pursuant to the above-mentioned rules, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.

  1. PRICE AND AVAILABILITY

– Prices and shipping costs may be subject to change at any time, without prejudice to orders already confirmed with the sending of the Shipping Confirmation.

– Prices are checked regularly. However, if we discover a change or error in the price at the time of receiving your order, we will contact you to ensure that you still wish to proceed with the purchase at the correct price. If you confirm this, please remember that this does not imply any obligation on our part to supply the products until the Shipping Confirmation has been sent.

– The prices of the products indicated on our Website at the time of checkout include all taxes (including VAT) due on the purchase of the products, but exclude shipping costs, which will be automatically applied to the total amount when the contents of your Shopping Cart are displayed and vary depending on the shipping method and destination location selected when placing the order.

– All product orders are subject to product availability. Since the simultaneous access of many users and the simultaneous possibility of “online” orders modify the availability of the same, the certainty of assignment of the ordered products is not guaranteed.

– In the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, we will refund any amounts already paid.

  1. PAYMENT METHODS

The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen for his Order at the time of sending the Order.

– Payment for the products can be made by Credit Cards, Debit Cards, PayPal. Bank Transfer and on delivery (the latter only for Italy and with a surcharge of €5.00). If we are unable to accept your order for any reason, we reserve the right to choose whether to refuse your debit or credit card or to refund the sums paid in relation to your order.No shipment of products will be made until full payment has been received. Please note that an online transaction fee may be applied to the payment if required by your card issuer. This fee is not attributable to us.

– In case of payment by credit/debit card, the same will be subject to verification and authorization by the issuer of the same, and if such institution delays or does not authorize the payment, we are not responsible for the delayed or failed delivery respectively.

– Financial information (for example, the credit/debit card number or its expiration date) will be forwarded via encrypted protocol to the banks that provide the relevant remote electronic payment services. Furthermore, this information will never be used by us except to complete the procedures relating to the purchase made by the customer. Your personal data will be processed by Manco Srl in compliance with our Data Protection Policy.

– In case of purchase through the payment method with Bank Transfer, the transfer must be made out to:

Beneficiary: MANCO SRL

IBAN: IT72K0306915303100000013093

Bank: INTESA SAN PAOLO

BIC: BCITITMM

The reason for the transfer must include the order number and date. After carrying out the necessary checks, we will ship the ordered products.

The bank transfer must be made within 10 (ten) days of the Order, – after which the order will be automatically cancelled with simultaneous communication to the buyer via email.

  1. SELLER'S RESPONSIBILITY

The Seller assumes no responsibility for any disruptions attributable to force majeure or unforeseeable circumstances.

The Seller shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for any disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

In the event of a carrier-related disruption, the Buyer must send a report to the Seller who will proceed to the appropriate contacts with the Carrier. In the event of loss of the package or other eventualities that cause a failed or incorrect delivery, the Seller, in agreement with the Buyer, will proceed either to the refund or to a new shipment of the order.

The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment for the products purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.

  1. DELIVERY TIMES AND METHODS AND TRANSFER OF RISKS

– The products ordered will be delivered to the address indicated by you in the order within the deadline communicated in the Shipping Confirmation, but it is not possible to guarantee an exact delivery date.

– Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from confirmation of the order, as required by current legislation.If the products have not been delivered within 30 days of the Contract or on such other date as may be agreed, you will be entitled to withdraw from the Contract and any sums paid by you will be refunded to you without further delay.

– Upon delivery of the goods by the courier, you are required to check that the number of packages delivered corresponds to that indicated on the invoice and that the packaging is intact, not damaged, wet or, in any case, altered. Any external damage or discrepancy in the number of packages must be immediately contested to the courier who makes the delivery, by adding the wording “Withdrawal with reservation” on the accompanying document and indicating the reason. Once the courier's document has been signed, you will not be able to make any objection regarding the external characteristics of the goods delivered.

If the goods received do not correspond to the order placed or if the ordered products are missing, the Buyer must report this discrepancy within 5 (five) days of receiving the package by contacting the Seller directly by filling out the appropriate customer service form. The Seller may request appropriate descriptions and evidence to prove the discrepancy (e.g. photographs) and provide a positive response to the Customer if it is found that the discrepancy is real and not attributable to the Customer. A partial return may also occur that concerns only the products shipped incorrectly, provided that they are intact and with the relevant seals. If the Buyer requests the return of the product sent incorrectly and the shipment of the correct one and the latter is not available at the time, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.

In the event that the delivered goods present any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Seller, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.

– Ownership and risk in the products pass to you upon delivery.

If the tracking shows that the goods have been delivered, starting from that date the Buyer may, within the following ten days, open a report with Customer Care for non-delivery. The Seller will proceed with the appropriate checks with the forwarder, if necessary acknowledging to the Buyer either a new shipment or a refund of the amount paid.

  1. DAMAGED OR DEFECTIVE PRODUCT

– Upon delivery, you are required to inspect the products for any defects or damage. If you find any defects or damage, you must report it immediately using the contact form, and we will indicate the procedure to follow for the return.

If we determine that the product has been damaged before delivery, or that the defect is not attributable to your fault or use, we will repair or replace it or refund the full price you paid, including any shipping costs, provided that the damage does not result from wearing or using the product. If you prefer to have the product repaired or replaced, please contact us and we will replace the item at no additional cost where this is reasonably possible.Additionally, we will reimburse you for the cost of returning the item or send you a pre-paid return package for the damaged or defective item.

The request must be sent in writing, through the customer service form to the Seller; in the complaint it is appropriate to describe the defect, also through photographs and videos, and indicate the date of discovery of the defect itself. The Seller will respond to the Buyer - if he is willing to proceed with the request - or the reasons that prevent him from doing so - within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.

The Seller is not responsible for defects resulting from bad and/or incorrect use of the purchased goods, from external causes (e.g. impacts, falls, etc.), from carelessness and improper use.

  1. PRODUCT INFORMATION

Although every effort is made to represent the products as accurately as possible through the use of photographs and other images provided on the Website, some items may appear slightly larger or smaller than their actual size due to defects in the screen or the photographic techniques used. Other items may be represented on a larger scale than their actual size in order to highlight all the details, or on a smaller scale in order to show the item in its entirety. Furthermore, the details displayed on the screen (such as colours, designs, textures, etc.) depend on the characteristics of the equipment used and therefore may not faithfully reflect the real properties of the products that will be delivered to you.

  1. RIGHT OF WITHDRAWAL

– If you are a consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity, or does not make the purchase by indicating a VAT number in the order form), pursuant to art. 52 of the Consumer Code, you have the right, in addition to the other rights to which you are entitled, to withdraw from this contract within a period of 14 days without having to provide any reason.

The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for by art. 59 of the Consumer Code remain valid. In particular, the right of withdrawal is excluded for goods sold "made to measure", specifically personalized, embroidered or individualized; for the supply of sealed items not susceptible to return for health or hygiene reasons where the seals have been removed after delivery, etc., unless such products were already damaged or defective at the time of delivery or were delivered incorrectly.

Pursuant to Article 57, paragraph 1 of the Italian Consumer Code, the return costs will be borne exclusively by the Buyer.  Until the package is delivered to the Seller, the Buyer is responsible for and takes care of it. Any loss or damage to the package may affect the refund. We recommend that you ensure that the products are adequately insured for transport.

Please also note that parcels sent at the recipient's expense will not be accepted.

– The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the products.

– To exercise the right of withdrawal, you are required to give unequivocal communication, in writing, to:

*Manco Srl, via Fosso Foreste 12, 65015 Montesilvano (PE)

*via email to the address customerservice@keryl.eu, specifying your name, address and order reference number;

The Seller will proceed to send a return form to be filled out and included together with the returned products in the package, which must then be sent to the following address:

Manco srl, Via Fosso Foreste 12, 65015 Montesilvano PE

– The products must be returned within 14 days from the day of notification of withdrawal, in the same conditions in which they were received.

– You are required to exercise due diligence in the care of the products in your possession. In the event of non-compliance, we reserve the right to deduct the cost of any deterioration of the products from the amount to which you would otherwise be entitled as a refund.

– In case of withdrawal from the contract, we will refund the entire amount already paid for the product, as quickly as possible and in any case within 30 days from the date of receipt of the goods, upon notification of withdrawal, through the reversal procedure of the amount charged to the credit/debit card, to the Paypal account or by bank transfer. In the latter case, it will be your responsibility to promptly provide the bank details on which to obtain the refund.

Any shipping and cash on delivery charges paid by the Buyer at the time the order was sent will not be refunded.

– The right of withdrawal lapses entirely due to the lack of the essential condition of integrity of the product, in cases where we ascertain that the product has been damaged for reasons other than its transport or in the event of dirt on the product resulting from its use, which has compromised its integrity.

– The return of damaged or deteriorated products will not be accepted by us and will be returned to the sender with the addition of transport costs.

  1. FAILURE TO COLLECT THE PACKAGE – TERMINATION OF THE CONTRACT

Given that the collection of the product is a specific obligation of the Buyer, at the time of entrusting the Order to the selected courier, the Seller will send a specific email with which he will inform the Buyer of the imminent delivery, also through the shipping link.

The courier will make a first delivery attempt on the date indicated by the tracking; in the event of a failed delivery, a second attempt will be made, unless corrections or changes to the address are needed, for which the Buyer will have to take action.

After the second unsuccessful delivery attempt, the package will be held by the courier within the time limit established and indicated on the tracking page itself. Depending on the courier, the hold can be released either by contacting the courier directly or by contacting the Seller's Customer Service.

Once the storage period has expired, the Order is returned to the Seller and the Seller will inform the Buyer that he may request the shipment again at his expense within and no later than 5 days from receipt of the communication. This hypothesis does not occur in the case of purchase with payment on delivery; in this case the order, once returned to the Seller, is immediately dismantled.

  1. PROTECTION OF CONFIDENTIALITY AND DATA PROCESSING

The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the privacy legislation set out in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the methods provided for by the site's Privacy Policy and by the specific information.

  1. OTHER USEFUL INFORMATION

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

– For any dispute arising from or relating to the use of the Website or the conclusion of this distance selling contract, the Judge of the place of residence or domicile of the consumer will have jurisdiction.

– If you are entering into the Contract as a consumer, this clause does not affect your statutory rights as a consumer.