1. Main terms of sale. 1.1. The present Standard Conditions regulate the distance selling service of products, as defined below, on the website www.mikelart.com (hereinafter mikelart.com or the Site) by MK DANZA (hereinafter the Service) registered office in Viale Verona 6, 36100 Vicenza (Italy), registered at the Company Register in Vicenza, Fiscal Code and VAT 03868460241, (hereinafter Mikelart or the Seller).
1.2. Before purchasing, we invite you to read these General Terms and Conditions of Sale; however, we hereby inform you of the main terms and conditions of the Service:
ADDRESSEE: only consumers (natural persons acting for purposes not related to their own commercial activity) of legal age and resident in one of the following countries: Italy, the Republic of San Marino and Vatican City.
PRICE AND PRODUCT PRESENTATION: All the prices are expressed in Euro, after VAT and they do NOT include shipping costs. The images of the products offered for sale on mikelart.com may not correspond to the actual ones due to the internet browser and monitor used.
PURCHASE TERMS: in order to purchase one or more products, you must carefully fill in and send the Seller a purchase order (which will be legally binding) and sums up the information on the main features of each product ordered and the related price, means of payment, delivery methods and shipping costs. By sending the Purchase Order you confirm that you know and accept the General Terms and Conditions of Sale.
ORDER FULLFILMENT: After receiving the purchase order, Mikelart sends the confirmation of acceptation or indicated the reasons why the order will not be processed. Shipping takes place only after the regular registration of payment within 30 days of receipt of the purchase order. In case of ordering products belonging to different categories through a single order, the products may be delivered at different times.
WARRANTY: All products available on Mikelart. com are guaranteed for any conformity defects within two years of delivery.
RIGHT OF TERMINATION: You have the right to withdraw from the contract agreed with the Seller, without penalty and without specifying the reasons, within ten (10) working days from the day of receipt of the products purchased from Mikelart. com. Please see Article 8 to check how to exercise this right.
For any information related to the purchase of products through this website, you can also contract the Mikelart Customer Service by sending an e-mail to firstname.lastname@example.org.
2. Exclusive addressees of the Service.
The Recipients of the Service are exclusively those who cumulatively possess the following requirements: (a) consumers (pursuant to and for the purposes of Legislative Decree 206/2005) intended as natural persons who purchase Products on Mikelart.com for purposes not related to any commercial activity; (b) adults of age (according to the laws of their Country of origin); and (c) residents in one of the following states: Italy, Republic of San Marino and Vatican City.
3. Information and product prices:
The products available on the Mikelart.com are watches, jewellery, accessories, leather goods, items and accessories for writing and similar products (hereinafter the Products). Any information on the essential features is provided in the identification sheet for each of them.
The prices of the Products are expressed in Euro and include VAT. Shipping costs are excluded, unless expressly stated otherwise. The prices indicated on the website may be subjected to updates, so please check the final sale price before submitting the relevant Purchase Order.
4. Terms of termination of the contract
4.1 In order to terminate the contract of purchase of one or more Products on Mikelart.com, after having selected the Product (s) of interest, you must complete and transmit electronically to the Seller a Purchase Order of the Products selected in electronic format (which is legally binding), indicating the Products you wish to purchase, the chosen payment method and some of your personal data necessary for the delivery (hereinafter the Purchase Order).
4.2. The Purchase Order displays a "Personal Data" screen in which the user must indicate the personal data required for the delivery and a screen for selecting and activating the chosen means of payment (as better shown in article 5 below). The Purchase Order also contains a summary: information on the main features of each Product ordered and its price (including VAT), means of payment available to purchase each Product, delivery terms of the Products, and shipping costs.
4.3. The Purchase Order will be stored in our database for the period of time necessary to fulfil the orders (and in any case within the terms of law). You will be able to access your Purchase Order at any time to check its status by logging on to the website and accessing the "My Orders" section on your personal page.
4.4. The contract is finalized when the Seller receives and accepts electronically your Purchase Order, after checking the accuracy of the data provided in the order. The Seller may not carry out the Purchase Orders which: (a) do not provide sufficient guarantees of solvency or are incomplete or incorrect, or (b) in case of unavailability of the Products required (if they are no longer available or for sale). In these cases, and in any case within thirty days starting from the day after receiving your Purchase Order, Mikelart will promptly inform you via email that the contract has not been concluded, stating the reasons. If you have already proceed with the payment of the Product and shipping costs, you will be refunded the corresponding amount (as detailed in article 5 below).
In the event that Mikelart intends to conclude the contract, they will send you an email with a receipt of the purchase order, containing a summary of the information already included in the Purchase Order (Terms of Sale, withdrawal policy, information regarding the main features of the products and a detailed indication of prices, means of payment and delivery costs).
5. Terms of payment
5.1. When processing the Purchase Order you will be asked to choose one of the following ways of payments:
a) Wire transfer in advance to MK DANZA;
c) Credit card and prepaid Visa or Mastercard.
5.2. In case of wire transfer in advance, you will receive an email containing the bank details for the payment, together with the confirmation order from Mikelart.
To confirm the payment you will have to send the notice of payment via fax to the number 0039 0444566634, or an email containing the transaction reference number to email@example.com. The payment and the related confirmation of payment will have to be done within and not later than five (5) working days after the date of the purchase order.
Mikelart will not process orders in case of payments and/or communications made after the aforementioned deadline. Please check the completeness and correctness of the data and elements needed for the bank transfer. Any missing data or the lack of required elements may cause delays in order processing and delivery of the Products.
5.3. In case of using PayPal as payment method, at the end of the Purchase Order procedure you will be automatically directed to the PayPal login page to complete the Purchase Order. In this way the amount of the order will be debited to your PayPal account when Mikelart receives the order. In case of subsequent cancellation of the order, the refunded amount will be debited to your PayPal account. In no event shall Mikelart be held liable for any direct or indirect damages caused by delays in the failure to release the amount committed by PayPal. When purchasing on Mikelart.com, Mikelart is no able to access or to learn about your financial information. For each transaction made with your PayPal account, you will therefore receive a confirmation email directly from PayPal.
5.4. In case of using credit cards as payment method (Visa and Mastercard), your financial information (e. g. credit/debit card number or expiry date) will be sent by encrypted protocol to Banca Sella without third parties having access to it. Furthermore, such information will never be used by the Seller except to complete the procedures related to your purchase and to issue refunds in case of possible returns of Products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police fraud actions on Mikelart. com. As indicated in the Purchase Order, the price for the purchase of the Products and the shipping costs will be charged to your bank account at the moment of shipment.
6. Shipping and delivery of Products
6.1. The Products are shipped to the address indicated in the Purchase Order only after the regular registration of the payment of the related order and against payment. No deliveries will be made to P. O. Boxes, except as provided for in Article 4.4 above. Mikelart shall ship the Products within and not later than 30 days from the day following the receipt of the purchase order.
6.2. We ship to Italy, France, Germany, Spain, Austria and Belgium.
Deliveries in Italy will take 5 working days tops from the date of shipment, excluding Saturdays, Sundays and public holidays in general. Deliveries to other states in the European Union will be be completed within 10 working days from the date of shipment. The delivery terms above mentioned are to be considered indicative, Mikelart will not be in any way responsible for delays in delivery due to causes not attributable to them.
6.3. In case of purchasing Products belonging to different categories through a single order, the Products may be delivered to you at different times.
7. Product quality and warranty
7.1. The Seller does not sell used Products or Products of lower quality than the corresponding standards offered on the market. You understand and agree that the images and colors of the Products on Mikelart. com may not, however, correspond to the actual ones due to the Internet browser and monitor used. 7.2. All Products available on Mikelart.com are warranted for conformity defects that have occurred within two years of delivery.
You may exercise the warranty relating to watches within two months from the moment you notice the defect, writing to firstname.lastname@example.org or contact directly the service centre nearest to you among those included in the following list, prior notification of defects, by filling out the warranty request form to be filled in and sent together with the product, in the original packaging together with the invoice and any accessories - to be sent to Mikelart according the terms specified inside the product packaging.
For other categories of products please contact our customer service by sending an email to the following address email@example.com within two months from the moment you notice the defect, to have further information on how to exercise the warranty.
In any case, for the proper exercise of warranty, the Products must be returned in their original packaging, together with the invoice, the warranty claim form and any accessories. Mikelart reserves the right to verify the existence of the reported defect, and to proceed with repair or replacement only after such inspection. If as a result of this inspection, the defect does not result in a lack of conformity, the Seller reserves the right to charge the Customer for the costs of verification, repair and transport.
8. Right of withdrawal
8.1. You have the right to withdraw from the contract concluded with the Seller, without any penalty and without giving the reason, within ten (10) working days from the day of receipt of the Products purchased on Mikelart.com. In order to withdraw from the contract, you need first to send an e-mail to firstname.lastname@example.org, to have the authorization code for returns and then return the Products to the address indicated by e-mail using a courier for the shipment within ten (10) working days from the date on which you received the Products. You will be charge for the shipping costs, and responsible in case of loss or damage to the Products.
8.2. In addition to complying with the terms and procedures described in paragraph 8.1 above, the right of withdrawal is intended to be exercised correctly if the following conditions are fully complied with: a) The Return Form must be correctly completed, indicating the authorization code provided by Mikelart and sent together with the product – along with the purchase invoice - within ten (10) working days from the date of receipt of the Products by registered letter with acknowledgement of receipt sent to MK DANZA Viale Verona 6 36100 Vicenza (Italy).
The right of withdrawal can be exercised within the same term, also via e-mail to the address email@example.com with a communication confirmed by a registered letter with acknowledgment of receipt along with the invoice and sent within the following forty-eight (48) hours;
b) The Products must not be used, worn, washed or damaged;
c) The identification tag must still be attached to the Products together with the disposable seal, which is an integral part of the Products;
d) The Products must be returned in the whole packaging, properly sealed with undamaged, original and complete packaging and contents;
e) Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same order, returned and shipped at different times.
8.3. If the right of withdrawal is exercised according to the procedures and terms indicated in this paragraph 8, the Seller will refund any sums already collected for the purchase of the Products. The sums will be refunded as soon as possible and, in any case, within thirty (30) days from the date on which the Seller became aware of the right of withdrawal. Once we have verified the correct execution of the terms and conditions indicated above we will start the refund procedures pursuant to paragraph 9 below.
8.4. If you do not comply with the terms and conditions for exercising your right of withdrawal as specified in this paragraph 8, you will not be entitled to a refund of the sums already paid to the Seller. However, you may have back the Products in the state in which they have been returned to the Seller at your own expense. Otherwise, the Seller may retain the Products, in addition to the sums already paid for the purchase.
9. Timings and refund terms
9.1. After returning the Products, the Seller shall make the necessary verifications on their conformity to the conditions and terms stated in paragraphs 8.1. and 8.2. If all the verifications are successfully completed, the Seller will send you by e-mail the related confirmation of acceptance of the Products returned.
9.2. Whichever method of payment you use, the refund procedure is activated by the Seller in the shortest time possible and in any case within thirty (30) days from the date on which the Seller became aware of exercising the right of withdrawal, after verifying the correct execution of the right of withdrawal and acceptance of the returned Products.
9.3. In case that there is no correspondence between who receives the Products indicated in the Purchase Order and who made the payment of the sums due for the purchase, in the event of exercising the right of withdrawal, the refund will be made by the Seller, in any case, to the person who made the payment.
10. Intellectual property Rights
Mikelart trademark as well as all other trademarks, registered or unregistered and all other distinctive signs such as company names, trade names, illustrations, images, logos, registered and unregistered drawings, copyrights and patents ("Intellectual Property Rights"), which appear on the Products or otherwise reproduced on the website Mikelart.com, on accessories or packaging, are and remain the exclusive property of Mikelart.com. Any reproduction, even partial, any modification or use of the Intellectual Property Rights, for whatever reason and in any form, without a prior written permission of Mikelart, is strictly prohibited. Any combination or use in conjunction with any other trade mark, symbol, logo and in general any other distinguishing sign capable of creating a complex sign is also prohibited.
11. Force majeure
Mikelart shall be relieved of any contractual obligation of producing or delivering and shall not be obliged to pay any indemnity in case of force majeure events which may prevent the performance of obligations imposed on Mikelart, such as for example riots, insurrections, social unrests, telephone or computer breakdowns or serious damage to the security and operation of the internet, strikes and impossibility of supplying Products and materials.
13.1 The General Terms of Sale are governed by the Italian law and in detail by the Legislative Decree dated September 6th 2005 n. 206 (Consumer Code) with specific reference to the regulations on distance contracts and by the Legislative Decree dated April 9th 2003 No 70 on certain aspects of electronic commerce.
13.2. In the event of disputes between the Seller and the final user arising from the General Terms and Conditions of Sale, the Seller hereby guarantees full adherence to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan which allows to reach a satisfactory agreement with the help of a neutral and competent conciliator, in an amicable and safe way, on the Internet. For more information on the regulations of RisolviOnline or to send a request for conciliation, you may access to the website www.risolvionline.com.
14. Periodic update
The General Terms and Conditions of Sale are amended from time to time, also in consideration of any regulatory changes that might occur. The new General Terms and Conditions of Sale will be effective from the publishing date on Mikelart.com. Please consult this section periodically to check for updates.
Data collected and purposes of processing. Pursuant to art. 13 of Legislative Decree no. 196/2003 (il Codice), the Data Controller MK DANZA (hereinafter Mikelart) with registered office in Viale Verona 6 36100 Vicenza (Italy) informs that some personal data of users of the site www. mikelart.com will be treated in order to allow the provision of services available through the website www.mikelart.com, and especially the distance selling of Mikelart products (and therefore for processing the orders and carrying out all related activities, hereinafter called the Services). In detail, the personal data of users will consist in some data they provided (e. g. personal data such as name, surname, address, Country, gender, telephone number, date of birth, e-mail address, credit card number), and data collected during the use of the Service, hereinafter referred to as Personal Data (i. e. the amount spent on Mikelart products). Personal Data, which will be exclusively used by Mikelart, will be stored on the Mikelart server and processed electronically and non-electronically for the sole purpose of administration of Services, to perform statistical surveys on disaggregated and anonymous data, and to comply with legal obligations.
Every user may also separately and expressly authorise Mikelart to process their personal data for direct marketing purposes at the time of registration or later. Once agreed, they would be able to withdrawn the consent at any time by writing an e-mail to firstname.lastname@example.org.
Communication of Personal Data. For administrating the above mentioned Services, Mikelart may communicate Personal Data to its consultants and legal counsel, as well as to third party companies or affiliates of Mikelart that collaborate with the latter in sorting out the Services in Italy and abroad (e. g. processing the orders, arranging events, delivering products, sending mail and emails, processing of credit card payments, providing services to the customers).
These parties will only have access to the data necessary to fulfil their obligations and carry out their functions (and will not be authorized the use for other purposes). They will have to comply with Mikelart's instructions regarding the processing of Personal Data, acting as data controllers of Mikelart's Personal Data and will be listed in an updated list available on the website www.mikelart.com. Personal Data will not otherwise be subject to communication or dissemination.
Personal Data will be processed only by data processors appointed directly or indirectly by Mikelart (as employees of Mikelart, its subsidiaries or affiliates or by the data controllers appointed by Mikelart).
Cookies. Some pages in Mikelart website where you can access the Services use a technology called "cookies". Cookies are small data files stored on your computer when you access a website or part of this. Cookies allow Mikelart to locate which pages of its site are most popular, which path its visitors follow, and how long they stayed on the website in order to better meet the interests and preferences of visitors. Track/path recordings and management activities are performed in ways that make the data unidentifiable. If you do not wish to accept cookies, they can be disabled by following the instructions of your browser.
Security measures. Mikelart takes proper security measures in order to minimize the risks of destruction or loss of Personal Data, including accidental loss, or risks of unauthorized access or processing that is not permitted or does not comply to the purposes indicated herein.
Exercise of the rights granted by the Code. The user may exercise the rights granted by article 7 of Legislative Decree no. 196/2003 towards Mikelart at any time, and in detail they may obtain the confirmation of the existence of the processed data, they may know its content, the origin and methods of processing, they could verify its accuracy, request its integration, updating and rectification or in some cases its cancellation, by writing an e-mail to email@example.com. The failure to provide or withdraw of consent to the processing of all or some of the Personal Data may prejudice the possibility of using the Services.
Privacy and cookies
This page describes how the website is managed, especially with reference to the processing of personal data for users who consult it. This policy is also provided pursuant to art. 13 of Legislative Decree. n. 196/2003 - Code on the protection of personal data to those who interact with the web services through the link www.mikelart.com for the protection of personal data, accessible on the website. The policy is provided for the above mentioned site only and not for any other website that may be consulted by the user through this link.
The disclosure is based also on Recommendation No 2/2001 which the European Personal Data Protection Authority, meeting as the Working Party established by Art. 29 of Directive 95/46/EC, adopted on 17 May 2001 to identify certain minimum requirements for the on-line gathering of personal data and, in particular, the methods, times and nature of the information that Data Controllers must provide to users when they visit web pages, irrespective of the purposes of the visit.
THE DATA CONTROLLER MK DANZA (hereafter MK DANZA) with registered office in Viale Verona 6 36100 Vicenza (Italy) learns about and process personal data when the users:
provide information about the "personal account" by registering or logging into the "user account" in order to use certain services on the website;
look or purchase a product or a service offered by a supplier on the website; make a complaint or a request or provide the website with an answer provide the personal data through any use of the website
Mikelart will notify the user when the request of personal data is not mandatory. When choosing not to provide personal data, certain services or features of the website may not be available.
- The data controller
Following the consultation of this website, data concerning identified or identifiable people may be processed.
- Location and data processing
The processing related to the web services of this website take place at Mikelart headquarter and are only handled by the technical staff of the Office in charge of processing. No data deriving from the web service is communicated or disseminated. The personal data provided by users forwarding request of informative material (such as catalogues and brochures) or purchasing through the website www.giordanoshop.com are used only for the purpose of performing the service required and are communicated to third parties only if necessary for this purpose.
- Modalities of treatment
Personal data are processed with automated tools for the time strictly necessary to achieve the purposes for which they were collected in the first place. Some particular security measures are observed to prevent the loss of data, illicit or incorrect use and unauthorized access.
- Rights of the interested party
The subjects the personal data refers to have the right, at any time, to be informed of whether data is being held or not and about its contents and origin, check it is correct and request integration, updating or rectification (article 7 of the Privacy Code). Pursuant to the same article, subjects have the right to request the cancellation, transformation into an anonymous format, or restriction of any data processed in breach of the law, and object to processing, in all cases, for legitimate reasons.
MK DANZA may use Google Analytics to generate page access statistics for analysis on the internal traffic. The data provided by Google Analytics do not allow in any way to identify the individual user who interacts on the pages of the website, but it contains aggregate information on the dynamics of navigation within the website, the number of users and pages viewed.
MK DANZA is committed to protecting your personal information and this document is intended to help you understand what information we may collect about you and how we use it.
Cookies and how we use them
We are always looking for ways to improve our website and make easier to learn about our services. To do so it is important for us to understand how our services and websites are used.
Cookies also help us to provide you with a better and richer experience, for example suggesting products you may be interested: cookies make this knowledge easier. We have classified the most commonly used cookie according to their specific use and classify them as: essential, functional, analytics, behavioral, third party.