Terms of Sale
Please read the following terms of sale (the "Terms of Sale") carefully before purchasing any goods or service on the www.mckenzy.com website (the "Website"). In order to purchase any goods or service using this Website, your acceptance of these Terms of Sale will be requested.
We may change our Terms of Sale from time to time, it being specified that the version of these Terms of Sale in force at the time of your order will govern that order. We recommend you to regularly check the latest version of the Terms of Sale whenever you place a new order.
The goods and services available on the Website are offered for sale by Guy Sand (Mc Kenzy),  a company registered in Italy with company number REA 1285472 . Our registered office is at  Milan, Viale Lucania, 6 20136 (MI) Italy). Our VAT number is IT09301760154.
In these Terms of Sale the terms "we", "us" and "our" refer to Mc Kenzy and "you" refers to you, the user of the Website.

Eligibility to purchase goods
You do not have to register to explore the Website or to purchase goods or services through it, but registering and creating an account with us will allow you to fully enjoy the Website. Not only will shopping be easier, but your entire experience with us will become customized over
time.
By creating an account, you can store credit card information for easier and faster checkout, maintain an address book, review your order history and edit billing or delivery information.
When you register or make purchases through the Website, you will be required to provide certain information including your name, phone number and e-mail address. You will also be required to provide valid details of a credit or debit card (or such other payment mechanism as is permitted by these Terms of Sale) which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You warrant that all information you provide to us at any time is true, accurate and complete.
All personal information that you provide when using the Website will be used in accordance with Privacy Notice and applicable laws.
By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.

We offer the possibility to deliver products of the same order to multiple addresses within the same country of the Territory. Orders with multiple shipping addresses will be charged per address. We will only deliver goods to addresses within the Territory. Orders that are placed for delivery to addresses outside the Territory will be automatically rejected during the order process.

Cart and Wish List
The  cart holds the goods you have selected to purchase while you shop. Goods you place in your Cart will remain there until you purchase them, remove them or move them to your Wish List. They will remain there even after you leave the Website unless they go out of stock before you complete your purchase in which case they will be automatically removed from your cart.
Your Wish List allows you to store details of goods that you are thinking about buying. This feature saves your selections even after you leave the Website, making it easy to relocate and purchase your favourite goods in the future.
Please note that goods in your cart or on your Wish List are not reserved for you, and they will be available for purchase by other customers until you have submitted and we have confirmed your order for them in accordance with these Terms of Sale.

Making a purchase
In order to purchase the goods using this Website, you must add it to your cart and then indicate that you wish to purchase goods by proceeding to the Checkout section of the Website and entering the relevant information where instructed. You will be provided with an opportunity to review your order, check the total price of your order and the information you have provided and correct any input errors before confirming your purchase. Finally you will have to confirm that you have read and agree with these Terms of Sale.

Once you have submitted your order, we will send an email to the email address you have provided acknowledging receipt of your order and setting out details of the ordered good(s). This email does not constitute an acceptance of your order - only a confirmation that we have received it. You are encouraged to download, save or print a copy of your order confirmation and these Terms of Sale for your records.
Once we have acknowledged receipt of your order, we will check that we have your good(s) in stock and where applicable, deduct payment from your chosen payment method. Your credit or debit card will not be charged until your order is ready for delivery.
We reserve the right at any time after receipt of your order to accept or decline your order, or any part thereof. You may not purchase any goods from this Website for resale by you or any other person. Goods will only be sold in quantities that are compatible with your own personal use of such goods. We reserve the right to restrict the quantities of any good being ordered by any one person or being delivered to any one address. We shall be entitled to cancel any order placed by you that we believe has been made for the purpose of resale. In such event we reserve the right to refuse or cancel all subsequent orders from you. We also reserve the right to reject orders from any customer with whom we have an ongoing legal dispute regarding a prior order. We may cancel any order if we suspect any fraudulent activity and may refuse to process orders from customers with a previous fraudulent order history.
The contract for your order will be concluded in English.

When we e-mail you the confirmation that your good(s) have been dispatched we will attach an electronic invoice in respect of your order. Please note that we do not issue paper invoices.

Goods on this Website
Not all of the goods we sell are available for sale through the Website. Additional goods are available in Mc Kenzy stores and corners in Italy and Switzerland.
In the event that a good you have ordered is unavailable, we will inform you of this within seven (7) days of receiving your order. We will, where possible give you the option to order a different good of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that your debit card has already been charged, a full refund will be made.

We have made every effort to display the colours and textiles of our goods that appear on the Website as accurately as possible; however, as computer monitors vary, we cannot guarantee that goods will be exactly as depicted on the Website.

Changes to Orders
Once you place an order at the Website, there is a limited period of time before your order is fully processed during which you will be able to cancel your order.
All goods on this Website are offered subject to availability. In the event that a good you have ordered is unavailable, we will inform you of this within seven (7) days of receiving your order. We will, where possible give you the option to order a different good of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that your debit card has already been charged, a full refund will be made.

Prices
All prices shown on this Website are in Euros and are inclusive of VAT at the applicable rate. All prices are applicable to purchases made in the Territory only. If your chosen payment method is not denominated in Euros, the final price of any goods you purchase will be calculated in accordance with the exchange rate on the date your payment provider processes your payment.
Delivery charges are calculated in accordance with the Delivery Policy available on the Website. You will be shown the charges for delivering your order before we ask you to confirm your order.
From time to time we may offer certain promotions for eligible purchases or eligible customers. Please ensure that you enter any applicable Promotional Code on the Payment page or the Review Your Order page. If your Promotional Code qualifies, your deduction will be displayed in the payment summary. Only one Promotional Code per order will be accepted. Please note that we reserve the right to cancel orders in the event that an unauthorised Promotional Code is used. A Promotional Code cannot be applied retrospectively to orders that have already been placed or to goods that have already been delivered.

If an error is discovered in the price of your goods prior to our dispatching them to you, we will: (i) where the correct price is lower, refund you the difference or reduce the balance of the price payable to us; or, (ii) where the correct price is higher, contact you and offer you the option to either confirm your order at the correct price or cancel your order. We do not have to provide the goods to you at a lower price where we have made a pricing error.

Methods of Payment
Full payment is required before an order can be dispatched to you. We accept the following methods of payment:

VISA, MasterCard, Maestro, JCB, American Express, Diners, My Bank

In the event that the sum due from you for your order cannot be debited or charged for whatever reason, your order will be cancelled.
You authorise us to perform credit and anti-fraud checks on you and the payment mechanism that you have provided. These checks may be required to authenticate your order, your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and acknowledge that such parties may keep a record of that information. You further agree and acknowledge that we may make the information we receive from such checks available to legally authorised third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.

For your convenience, your credit or debit card information can be stored in Your Account. For more information, see our Privacy Notice. For added security, the billing address you provide must exactly match the address on file at your debit or credit card. The processing of your order may be delayed if these addresses are different.

We will prosecute to the fullest extent of the law any fraudulent activities relating to any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.

Order Tracking and Delivery

Once your order has been confirmed, we endeavour to dispatch purchases within one (1) to two (2) working days of confirming your order (working days exclude Saturdays, Sundays and Public holidays), and to deliver your order in accordance with the timescales set out in our Delivery Policy. Stated delivery times are estimates only, and are measured from the date of dispatch. Each address you instruct us to deliver to, including gift-recipient addresses, is considered a separate order and is subject to applicable delivery charges. Personalising a good requires additional processing time for your entire order, and all orders that include Create Your Own goods may take longer to deliver.

Once your order is placed, we will send an e-mail confirming the details of your order and the selected delivery method. Your Order History on the Website lists the current status of pending orders. You may check your order status through the Order History area of My Account or the Track Your Orders option. You can also Contact Us. We will email you a confirmation once your order is ready for dispatch.

We require a signature for all goods delivered using this Website. All responsibility and risk for the goods you have purchased through this Website passes to you on delivery. In the event that you have purchased a good as a gift for a third party you agree that signature by a person at the stated delivery address is proof of fulfillment of your order.

For security reasons, Mc Kenzy cannot ship any order to Post Office Boxes or accept any order where it is impossible to identify the individual delivery address. Mc Kenzy's policies do not allow goods to be reshipped and therefore we cannot ship to an address associated with a "freight forwarding company". We do not deliver outside the Territory.

Cancelling your Order
You may cancel your order at any time before it is dispatched by e-mailing us at help@mckenzy.it or by calling the Customer Assistance. If your order has already been dispatched, you are entitled by law to cancel your order within fourteen (14) calendar days (calendar days include Saturdays, Sundays and public holidays) of receipt of your goods. To do this, you must send an e-mail to help@mckenzy.it or call the Customer Assistance within fourteen (14) calendar days of receipt of your goods.
Italy: +39 02535818234

You must return the goods to us unworn, unwashed, and include all packaging and tags as soon as possible. You must complete the return card that will be included with your order specifying the goods that you wish to return and your reason for returning them. You must include the completed return card with the goods which must be returned to us in the original packaging using the prepaid UPS return label that will be enclosed with your order for your convenience.

We will process your refund or credit within fourteen (14) days of receipt of the cancellation notice.

Returns and Exchanges
If you wish to return or exchange your goods, please see our Returns Policy. This Return Policy does not affect your statutory rights.

Additional Provisions relating to Cancellations, Returns and Exchanges
All returns will be credited back to the original payment type. Please note that if you return goods to us without a return card and it is not possible to verify the price you paid for the goods, we will refund you the last known value of the returned goods. For any goods returned by the recipient of a gift, we issue to his attention a virtual gift card of equivalent amount.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We reserve the right to seek damages from you in relation to goods that are returned to us used or damaged in any way. No new delivery can take place until we have received the returned goods from you.

We will prosecute to the fullest extent of the law any fraudulent activities, including without limitation, any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
Goods purchased via the Website may only be returned in the manner outlined above and cannot be returned to a Ralph Lauren store or any other point of sale. Goods purchased from Ralph Lauren stores and other points of sale may not be return via the Website.

For more information, see our Returns Policy.

Customer Assistance
If you have any questions, comments or complaints about the goods you have ordered, please contact us at:

GUY SAND S.p.A.
Viale Lucania, 6
20139 Milano
Italy
Email: help@mckenzy.it 
info@mckenzy.it 

Italy: +39 02535818234

Limitation of Liability
These Terms of Sale set out our obligations and liabilities in respect of the supply of the goods through the Website.
Any warranty, condition or other term arising out of or in connection with the sale or supply of goods which might otherwise be implied into or incorporated in these Terms of Sale by law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law.
Please note that nothing in these Terms of Sale affects your statutory rights as a consumer.
Neither Mc Kenzy nor any of its affiliates will be liable to you for any indirect loss or damage incurred by you under these Terms of Sale in connection with your purchase of any goods through the Website. Our maximum aggregate liability to you in relation to your purchase of any goods using the Website shall in no circumstances exceed the amount payable by you to us in respect of the goods you have purchased.

We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including without limitation, act of God, explosion, flood, war and civil disturbance, strike, industrial action or stoppages of work, or any other force majeure event as commonly defined by courts.

Nothing in these Terms of Sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) any other liability which cannot be excluded or limited under applicable law.

General
Clause headings are for convenience only and do not affect the interpretation of these Terms of Sale. These Terms of Sale constitute the entire agreement and understanding between you and Mc Kenzy with respect to the purchase of goods via the Website and supersede all prior communications between you and us.

If any provision of these Terms of Sale is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Sale will not be interpreted as a waiver of our rights or remedies.

You may not transfer any of your rights or obligations under these Terms of Sale without our prior written consent. We may transfer any of our rights or obligations under these Terms of Sale.

Governing Law and Jurisdiction
These Terms of Sale shall be governed by Italian law. Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the non-exclusive courts of Italy, provided, however that the foregoing shall not affect the right of either party to sue in any venue of competent jurisdiction under applicable procedural law.

TERMS OF USE

Registration
You do not have to register to use the Website but will need to register to purchase goods via the Website. There are advantages in registering and creating an account with us. Not only will shopping be easier, but your experience with us will become more personalised over time. By creating an account, you can store credit or debit card information for easier and faster checkout, maintain an address book, review your order history and edit billing or shipping information.

Your Information
You agree that the information you provide to us will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. All personal information you provide to us when you use the Website will be used in accordance with our Privacy Notice, which is incorporated into these Terms of Use.

Products and Colours
Not all of the products we sell are available for sale through the Website. Additional products are available in Mc Kenzy stores and corners all around the world. Please visit us at www.mckenzy.com in order to find the nearest store.
We have made every effort to display the colours and textiles of our products that appear on the Website as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Website.

Terms of Sale
All purchases made via the Website are subject to our Terms of Sale.

Ownership of Website Materials
All content on this Website including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software ("Website Material") is owned by or licensed to Mc Kenzy or our affiliates and is protected by copyright, trade mark and other applicable laws. Your use of the Website does not entitle you to any intellectual property rights or any other rights in the Website Material, other than the limited rights of use granted to you pursuant to these Terms of Use.

All trade marks, logos, service marks and trade names displayed on this Website are registered and/or unregistered trademarks of Mc Kenzy, its affiliates, their respective licensors or content providers, or other third parties. All of these trade marks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting any licence or right to use any trade mark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described in these Terms of Use. Mc Kenzy and our affiliates reserve all rights not expressly granted in and to the Website and the Website Material.

Your use of the Website
You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Any other use of the Website Material is strictly prohibited. You may not use the Website or the Website Material for any commercial purpose whatsoever. If you download or upload any materials from or to this Website, you do so at your own discretion and risk.

You may not use contact information provided on the Website for unauthorised purposes, including marketing. You agree not to interrupt or attempt to interrupt the operation of the Website in any way, including through the use of any hardware or software intended to damage or interfere with the proper working of the Website - or to intercept any data (including personal information) transmitted via the Website.

Mc Kenzy reserves the right to restrict or terminate your access to, or use of, the Website or any feature or part of it at any time if you breach the Terms of Use without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which Mc Kenzy may be entitled, at law.

Material You Submit
You may not use this Website to upload to, distribute or otherwise publish any content that:

  • infringes any rights of third parties, including without limitation their intellectual property rights;
  • breaches any applicable local, national or international law or regulation;
  • is fraudulent, or has any fraudulent purpose or effect;
  • is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libelous of any person or which is invasive of their privacy or publicity rights; material harmful to minors; material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by Mc Kenzy or any other person);
  • contains among others things and without limitation viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware;
  • acts contrary to Mc Kenzy’s interests, in particular by modifying, damaging, or overloading the Website;
  • is inconsistent with reasonable use of the Website (for example by submitting the same material repeatedly); or
  • promotes any commercial activity whatsoever, for example by sending promotional or advertising messages or spam.

In the event you submit any material via the Website:

  • you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms and Use;
  • you grant Mc Kenzy and its affiliates and agents a non exclusive, worldwide, for the duration of the legal protection of intellectual property rights, royalty-free, irrevocable and fully transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media; and
  • you acknowledge that we have no obligation of confidentiality in relation to any material you submit to us.

 
Links
This Website may contain links to other websites, some of which are operated by Ralph Lauren or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We have not reviewed the information on those other websites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of their content. Any questions or comments relating to those other websites should be addressed to the operator of those websites.

Neither you nor any third party acting on your behalf may link to any page of this Website.

You or third parties acting on your behalf may not (i) use our proprietary marks and logos (as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Website, without our prior written consent.

Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal

In order for us to more effectively assist you, the notification must include all of the following:

  1. a description of the copyrighted work you claim has been infringed;
  2. information reasonably sufficient to locate the material in question on the Website;
  3. your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Mc Kenzy  to contact you;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  5. a signed statement by you confirming that all of the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Mc Kenzy reserves the absolute right to remove any material from the Website in its sole discretion at any time.

Disclaimer
The information on this Website is provided for general information only and should not be relied upon. Save as provided in our Terms of Sale we are not responsible if information made available on this Website is not accurate, complete or current. We reserve the right to amend or correct the content on the Website at any time without prior notice or liability to you.

Mc Kenzy  provides you with access to the Website on the basis that, to the maximum extent permitted by law, we exclude all warranties, conditions and other terms of any kind (including, without limitation, any warranty that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be complete, accurate or timely.

Liability
Mc Kenzy, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including any direct, indirect, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time, even if foreseeable in connection with (i) this Website and the Website Material, (ii) the use, inability to use or the results of use of this Website, (iii) any websites linked to this Website or the material on such linked websites, and (iv) any information on this Website. Your sole and exclusive remedy for any of the foregoing or any dispute with Mc Kenzy, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Website.

Nothing in these Terms of Use excludes or limits any person's liability for death or personal injury arising from their own negligence, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms of Use affects your statutory rights as a consumer.

Indemnification
You agree to indemnify and to keep indemnified Mc Kenzy, our affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, sub-contractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, (including reasonable legal fees) arising or resulting from your use of the Website and any violation of these Terms of Use. Mc Kenzy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully with Mc Kenzy in the defense of such matter.

Governing Law and Jurisdiction
These Terms of Use shall be governed by Italian law. Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the non-exclusive local courts of Italy, provided, however that the foregoing shall not affect the right of either party to sue in any venue of competent jurisdiction under applicable procedural law.

If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

General
These Terms of Use, as supplemented by any additional documents referred to in them and any policies or rules posted on this Website, constitute the entire agreement and understanding between you and Mc Kenzy with respect to the subject matter and supersede all prior communications (oral or in writing) between you and us.

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Website. Accordingly, you should check the date of these Terms of Use (which appears at the top of this page) and review any changes since the last version. Your continued use of this Website following the posting of changes to these Terms of Use or other policies means you accept the changes.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Clause headings are for convenience only and do not affect the interpretation of these conditions. Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of our rights or remedies.

You may not transfer any of your rights or obligations under these Website Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Website Terms to any of our subsidiaries or affiliates or any third party designated by Mc Kenzy.