Terms and Conditions

Terms Of Sale

The sale of products concluded at a distance through this website (hereinafter referred to as the 'Website') is governed by the following Terms and Conditions of Sale. The products offered on the Website are sold directly by MY WEAR SRL (hereinafter referred to as 'MY WEAR SRL'). MY WEAR SRL - Via Mombarcaro 10, 10136 Turin TO.

The languages used for the conclusion of the sales contract through this Web Site are: Italian, English and French.

These General Terms and Conditions of Sale are published on the Web Site in order to allow their knowledge as well as their storage and reproduction by the Customer in accordance with the regulations in force.

The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.

MY WEAR SRL reserves the right to make changes and/or additions to these General Conditions of Sale at any time. Any amendments and/or additions shall be effective only in connection with purchases made after the date of publication of the new version of the General Terms and Conditions of Sale. The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against MY WEAR SRL of the same in relation to purchases made after their removal from the Website, and this also in the event that said General Terms and Conditions of Sale were nevertheless consultable and/or accessible to the public through other websites, other than the one indicated above.

Availability of Products

Customer acknowledges that the products offered by MY WEAR SRL on the Website (hereinafter referred to as the 'Products') are limited in number and is therefore aware that MY WEAR SRL will need to check their availability at the time of purchase. Inconveniences may occasionally occur with respect to the availability of certain Products.

In such circumstances, MY WEAR SRL will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of his/her order. In the case of only partial availability, the Customer will be informed.

Therefore, the Customer agrees to receive only those Products that are available. In this case, the Customer will be asked if he/she prefers to receive the available Products or proceed to the total cancellation of the order. MY WEAR SRL reserves the right to change the items placed for sale on the Website at any time, without prior notice.

Purchasing Procedure

Each Product offered for sale on the Web Site can be viewed via special link that allows you to view photographic images of the item, unit price, colors and different sizes (if any).

The estimated delivery dates for those Products expressly indicated on the Web Site as 'Pre-Order' or as 'Pre-Order Products' or as 'Customized Products', being Products not yet ready for shipment, will be indicated in the link related to the product itself. MY WEAR SRL reserves the right to change the limits on the quantities of Products that can be purchased through the Website at any time.

The Products chosen by the Customer will be placed within a special section (hereinafter referred to as the 'Shopping Cart'). The description of the Products, including measurements or sizes (if any), together with one or more photographic images in digital format, allowing for a correct representation of the Products, will be included in the Customer's Shopping Cart.

Although MY WEAR SRL constantly takes measures to ensure that the photographs shown on the Website faithfully reproduce the original Products, some variations are always possible due to the technical and color resolution characteristics with which the device used by the Customer is equipped. Consequently, MY WEAR SRL will not be responsible for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.

To view the selected Products and the total price of the purchase order, it is necessary to access the Shopping Cart page. The Customer, before confirming his/her order proposal (hereinafter referred to as the 'Order Proposal'), is required to verify the accuracy of the contents of the Shopping Cart and complete the purchase form according to the instructions provided on the Website.

The purchase procedure is concluded when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the 'Purchase Button'), thus validating his/her Order Proposal, which will be sent directly to MY WEAR SRL.

After the Purchase Button has been selected, the contents of the Order Proposal can no longer be changed by the Customer.

Before confirming the Order Proposal, the Customer must declare that he/she has read and accepted these General Terms and Conditions of Sale. Upon completion of the purchase procedure, the Customer should save or print the General Terms and Conditions of Sale.

The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to MY WEAR SRL.

Each Order Proposal and the Customer's data necessary for the purchase will be stored by MY WEAR SRL for the period of time and in accordance with the conditions provided for by the regulations in force. Any use of the data for purposes other than purchase will be subject to prior and express consent of the Customer, based on the conditions specified in the 'Privacy Policy' published on the Website.

Customers who have registered for the private area of the Website will be able to check the status of their order by logging in to that area and entering the page relating to their orders.

The Customer is aware that he/she is responsible for the correctness and truthfulness of all data entered on the Website or otherwise used during the purchase process.

The Customer is also aware that on the Web Site he/she also has the possibility: - to pre-order a selection of Products prior to their commercial launch or distribution and placing on the market. The Customer acknowledges that such Products are not yet available for shipment at the time of sending its Order Proposal. Products that may be pre-ordered by Customer are clearly identified and signaled on the Web Site by the expressions 'Pre-Order' or 'Pre-Ordered Products.'

Conclusion of Contract

Following the confirmation of the Order Proposal, the order is sent to MY WEAR SRL for processing and cannot be further modified or cancelled. The Order Proposal issued by the Customer will be taken over by MY WEAR SRL only if the entire purchase procedure has been completed regularly, without any error highlighting by the Website. After placing the Order Proposal, the Customer will receive an email by which MY WEAR SRL will notify that it has received the Order Proposal.

Such email shall not be construed as acceptance of the Order Proposal. The acceptance of the Order Proposal by MY WEAR SRL and the conclusion of the contract will take place as provided in the following paragraph.

The contract entered into between MY WEAR SRL and the Customer shall be deemed to be concluded when the Customer receives one or more confirmation emails from MY WEAR SRL (hereinafter referred to as 'Confirmation Email'). The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product and its main features, the total price of the order, including any shipping costs, the address to submit any complaints, information on after-sales services, the existence of the right of withdrawal and how to exercise it.

MY WEAR SRL reserves the right not to accept the Order Proposal issued by a Customer in the following cases:

unavailability of the Products included in the Order Proposal despite what is applicable to Pre-Ordered Products;

existence of a legal dispute between MY WEAR SRL and the Customer relating to a previous order;

if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled its obligations;

if the Customer has been involved in or is suspected of illegal or fraudulent activities. In the aforementioned hypotheses, MY WEAR SRL shall notify the Customer by e-mail, within 30 (thirty) days from the date of actual receipt of the Order Proposal, of the possible cancellation of the orders received. In this case, no Order Proposal shall be deemed accepted by MY WEAR SRL and no contract shall be deemed concluded between MY WEAR SRL and the Customer. In case of partial availability of the ordered Product, if the Customer has selected the option to receive the entire Order, he/she will be asked whether he/she wishes to receive the available Products or to cancel the Order completely. If the cancellation is only partial, the Customer will be charged only the amount for the Products actually purchased. Unless the Customer has selected on the Site the option to receive the entire Order in its entirety, the Customer agrees to receive only the available Products.

Price and payment method

Customers will receive the Products separately as soon as they are ready for shipment. The Products will be shipped to the address indicated by the Customer in the Order Proposal. The Customer's signature will be required upon delivery of the Products.

For security reasons, MY WEAR SRL will not process any order addressed to a P.O. Box nor will it accept any order in which it is not possible to identify the physical person to whom the order is addressed and his address.

In cases where the Customer is charged shipping costs, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure of filling out the Order Proposal and prior to the selection of the Purchase Button by the Customer. In accordance with the regulations in force, the maximum term within which MY WEAR SRL must deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract and except for force majeure events.

In the event that the relevant Order relates to Pre-Ordered Products, the delivery date shall be more than 30 days and MY WEAR SRL shall deliver such Products on the estimated delivery date or during the estimated delivery period agreed with the Customer, as specifically indicated to the Customer on the Product description page. If MY WEAR SRL fails to deliver the Products ordered within the above-mentioned period, Customer shall request MY WEAR SRL to make delivery within an additional period appropriate to the circumstances, pursuant to applicable law.

This is without prejudice to the Customer's right to immediately terminate the contract if the ordered Product is not delivered within the additional time limit, if any. MY WEAR SRL shall have the right to split the Order into multiple shipments, based on the availability of the Products for delivery, and the Customer shall receive the Products separately based on their availability for shipment. MY WEAR SRL may charge the Customer separately for only the Products actually shipped or in one lump sum.

MY WEAR SRL's Customer Service will provide assistance with any possible delivery-related problems. The Customer may contact MY WEAR SRL Customer Service by e-mail at: info@kesy.it. As an alternative to delivery by courier, the Customer may request to arrange to collect the purchased Products directly from the store selectable on the Website during the purchase phase, provided that the relevant Order does not contain Pre-Order Products.

If the Customer does not collect the Products within the term of 30 (thirty) days from the receipt of the email informing that the Product is available for collection, the sale may be cancelled by MY WEAR SRL. In this case, the Customer will be notified by email of the cancellation and will be promptly refunded any amounts already paid. The Customer will assume the risk of loss or damage of the Products only at the moment when the same, or a third party designated by him and different from the carrier, materially comes into possession of such Products. In the event that, on the contrary, the loss or damage of the Product occurs before the material delivery to the Customer or to a third party designated by him, MY WEAR SRL will refund to the Customer the amounts already paid.

Conformity of Products

Upon delivery, the Products shall be inspected by the Customer in order to ascertain that they correspond to the items ordered and that they have no manufacturing defects or conformity defects.

The legal warranties provided for by the current legislation are applicable to the sale of the Products, in addition to any additional conventional warranties provided to the Customer. In the event of the existence of production defects or conformity defects, the Customer shall have the right to restoration, unless the remedy requested is objectively impossible or excessively onerous compared to the other. If one of the cases provided for by law occurs, the Customer may request an appropriate price reduction or termination of the contract and the consequent reimbursement of the price paid.

It is understood that the Customer forfeits this right if he does not report to MY WEAR SRL the lack of conformity within the term of 2 (two) months from the date on which he discovered the defect. In any case, MY WEAR SRL shall only be liable for conformity defects that occur within 2 (two) years from the delivery of the Product. The action aimed at asserting defects shall be prescribed within 26 (twenty-six) months from the delivery of the Product. In order to report the presence of flaws and defects in the Products and obtain one of the remedies listed above, the Customer may contact MY WEAR SRL at the addresses indicated in Article 12 below.

Returns and Refunds. Returns.

In B2B sales, the customer does not have the option to cancel an order, except for reasons shared between the parties.

In case of incomplete orders, the customer may request a refund for the missing items via the Order page on the Web Site.

Limitation of Liability

Except in cases of willful misconduct or gross negligence, MY WEAR SRL shall in no way be liable to the Customer for any indirect or consequential damages that may result to the same from the purchase of Products offered for sale on the Website.

Product Authenticity and Intellectual Property Rights

MY WEAR SRL guarantees the authenticity and high quality of all Products offered for sale on the Website. The 'Kesy' trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the products, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of MY WEAR SRL.

The total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for whatever reason and in whatever medium, are absolutely prohibited.

Disputes

MY WEAR SRL guarantees the authenticity and high quality of all Products offered for sale on the Website. These General Terms and Conditions of Sale are governed by and shall be construed in accordance with the laws of Italy, without prejudice to any different mandatory rules, more favorable to the Customer, applicable in the Customer's country of habitual residence. In the event of a dispute arising from the interpretation and/or application of these General Terms and Conditions of Sale, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and mandatory jurisdiction.

If the Customer's domicile or residence is located in a territory other than the territory of the Italian State, the Customer may bring suit, at his/her choice, before the Court of his/her place of residence or domicile or the Court of Vicenza. Alternatively, the Customer may initiate one of the out-of-court dispute settlement procedures provided for in the applicable legislation.

For this purpose, the Customer may use the online platform made available by the European Commission, which can be accessed through the website. http://ec.europa.eu/odr

Contact

For any complaints, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and/or clarifications with regard to what is stated in these General Conditions of Sale, Customers may send an e-mail to the following address:

info@kesy.it

Or contact Customer Service, MY WEAR SRL - Via Torino 118/B7-B8, 10136 Settimo Torinese TO - Italy