Terms of Purchase and Delivery

Terms of Purchase and Delivery

 

1. General provisions

1.1.

These general terms of purchase and delivery (hereinafter, “Purchase Terms”) apply to all distance sales of “AMYKARINE” products (hereinafter, “Products” or “Product”) carried out through the www.amykarine.com website (hereinafter, “Website”).

1.2.

Distance selling services described in these General Conditions are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).

1.3.

The language used to enter any contract through this Website is English.

1.4.

Clients are required to carefully read the Purchase Terms, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts with the Clients will be archived by AMYKARINE.

1.5.

Contracts entered into with AMYKARINE (as defined below) through the Website are governed by the EU law, including the Consumer Protection Act (hereinafter, “the CPA”) and the ECMA, as the Products are dispatched from AMYKARINE subsidiaries in Europe.

2. Information on products and their availability

2.1.

Information on Products are available on the Website. This information is provided in accordance with Article 43b of the CPA.

2.2.

The Website does not contain every Product. The Products available on the Website are a selection of items normally available in stores. Depictions of the Products displayed on the Website may not correspond to their actual appearance.

2.3.

All the Products are subject to availability. AMYKARINE reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.

3. Price

3.1.

The prices of the Products are indicated on the Website in British Pounds (GBP) and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.

3.2.

AMYKARINE regularly verifies that all the prices displayed on the Website are correct, however, cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, AMYKARINE shall offer the Client the opportunity to purchase the Product at the correct price or to cancel the order.

3.3.

The information displayed on the Website does not represent an offer by AMYKARINE.

4. Purchases

4.1.

The essential characteristics and the price of each Product are provided for each Product displayed on the Website.

4.2.

Before they submit an order proposal, Clients should ensure that they read and understand all the instructions provided during the purchase procedure along with these Purchase Terms, because they will be bound by all of them once a contract comes into existence. To purchase a Product, Clients must fill in an order proposal and send it to AMYKARINE through the Website. Clients must place the Product in their “shopping bag” and, after having read and accepted these Purchase Terms, with particular regard to the delivery charges and the conditions for the right of withdrawal, as well as after having read the privacy policy statement, must select the desired payment method and choose the “place order” option.

4.3.

If Clients need to correct any errors in data they have entered, they should follow process provided on the Website, before sending their order proposal. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.

4.4.

By sending an order proposal to AMYKARINE, the Client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these Purchase Terms.

4.5.

Without prejudice to the use of data described in the privacy policy statement and subject to the express consent of the Client, the order proposal and the Client’s data related to that order proposal may be kept by AMYKARINE for the period required by applicable legislation.

5. Method of payment

5.1.

Clients may pay for the Products and the relevant delivery charges via PayPal international payment system.

5.2.

The transactions will be processed only after:

(i) the availability of the Product has been confirmed by AMYKARINE and the order is therefore ready to be fulfilled.

5.3.

In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.

6. Conclusion of the contract

6.1.

The contract between AMYKARINE and the Client shall be deemed to be executed at the moment that the Client receives confirmation from AMYKARINE that his/her order proposal, sent through the process set out on the Website, has been concluded successful, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card. The Client’s order proposal shall become binding on AMYKARINE when the Website purchase procedure is completed without error.

6.2.

AMYKARINE reserves the right to partially fulfill any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited.

6.3.

AMYKARINE shall not be liable for errors due to the Client’s connection to the Website.

6.4.

In accordance with the provisions of Articles 43b, paragraph 1 and 43c, paragraphs 1 and 2 of the CPA, at the moment of confirmation of the order or execution of the contract, AMYKARINE shall provide the Client, by email, a summary of the Purchase Terms, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms. The Client should immediately review this communication and notify AMYKARINE of any errors or omissions immediately.

7. Invalidity of the order proposal

7.1.

Notwithstanding the provisions of Paragraph 6 above, no order proposal shall be considered as accepted by AMYKARINE nor shall any contract be concluded between AMYKARINE and the Client if AMYKARINE has reasonable reason to believe that the Client:

(i) intends to purchase the Products for commercial or professional purposes;

(ii) is not a bona fide Client; or

(iii) attempts to exercise a right of cancellation in any illegitimate manner.

7.2.

In such cases, the order proposal sent by the Client shall be void and have no effect. AMYKARINE shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.

8. Transport and delivery

8.1.

For security reasons, Products purchased from the Website shall be delivered to the address registered on the credit card/PayPal account unless otherwise indicated by the Client. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery. AMYKARINE cannot deliver to PO boxes.

8.2.

For each order, AMYKARINE shall invoice the Products by email or by post to the purchaser. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after it has been issued.

8.3.

Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.

8.4.

All purchases shall be delivered either by ordinary mail or by a selected courier service (e.g. UPS Express) (hereinafter, “Courier”), from the day following that of the confirmation of acceptance of the order proposal, on the basis of the indicated availability. AMYKARINE is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.

8.5.

In all cases, except those of force majeure or unforeseeable circumstances, in accordance with Article 43.e of the CPA, the Products shall be delivered within 30 (thirty) days from the day following that of the contract conclusion as per Paragraph 6.1 above, unless AMYKARINE notifies the Client, including by email, within the same term or by the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, AMYKARINE shall reimburse any sums paid by the Client in respect of the order.

8.6.

In the event that, in response to AMYKARINE’s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order, with the exception of personalised Products, which are subject to Paragraph 11 below.

8.7.

The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:

(i) that the number of items being delivered corresponds to that indicated on the delivery note; and

(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.

9. Dispatching and delivery confirmation

9.1.

AMYKARINE shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.

10. Wrapping or packaging

10.1.

Products purchased from the Website are delivered with the signature AMYKARINE packaging.

11. Personalised products

11.1.

In accordance with the provisions of Article 43c, paragraph 5, point 2 of the CPA, the right of withdrawal, to cancel or return, which would otherwise be available, does not apply to orders for personalised Products.

12. Right of withdrawal and cancellation of orders

12.1.

AMYKARINE seeks the complete satisfaction of its Clients. The Client has the right to withdraw from the contract without specifying any reason, by returning the Products, purchased from the Website, within 14 (fourteen) days of the date the Products were received. This applies to all Products other than the personalised ones, which are subject to Paragraph 11.

12.2.

To exercise the right of withdrawal, the Client should email the following to info@amykarine.com

- an indication of his/her intention to exercise the right of withdrawal;

- an indication of the products for which the client wishes to exercise the right of withdrawal;

- the order number.

12.3.

Upon exercising the right of withdrawal, AMYKARINE shall reimburse the full price of the Products provided that they are returned by the Client unworn, unused and undamaged, accompanied by the relevant original invoice and the original AMYKARINE packaging. AMYKARINE shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or adhesive or seal is intact and attached to the Product.

12.4.

AMYKARINE reserves the right to refuse returns of Products that do not comply with these requirements. Reimbursements shall be made by the same method of payment used for purchase.

12.5.

The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.

12.6.

AMYKARINE undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order or receipt of the withdrawal.

12.7.

It is recommended that the Products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. AMYKARINE cannot be responsible for reimbursement or compensation of Products returned but not received by AMYKARINE due to loss, theft or damage that is not attributable to AMYKARINE.

12.8.

If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to info@amykarine.com This e-mail must be sent before the Client receives confirmation of dispatch by AMYKARINE.

12.9.

AMYKARINE shall make every effort to satisfy the Client’s request. However, once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these Purchase Terms.

13. Errors or inaccuracies

13.1.

AMYKARINE undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, AMYKARINE cannot guarantee the Website will be error free. The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. AMYKARINE reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.

14. Guarantee of authenticity and intellectual property rights

14.1.

AMYKARINE guarantees the authenticity of all Products purchased on the Website.

14.2.

The “AMYKARINE” trademark, together with the set of figurative and non-figurative trademarks, service marks, present in the Products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies belonging to AMYKARINE group of companies.

15. Applicable law and competent jurisdiction

15.1.

These Purchase Terms are governed by European laws and must be interpreted in accordance with EU laws.

15.2.

Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the territorial jurisdiction of the competent court of the place of the official registration of AMYKARINE subsidiaries in EU.

16. Contacts

16.1.

Please direct any enquiries you may have about the AMYKARINE website or online purchases to info@amykarine.com