Terms and Conditions
Effective Date: September 3rd, 2024
Introduction
In this document, “Us”, “Our” and “We” refer to MERCURI SRL, a company registered in the Republic of San Marino under company number SM23995, having its registered office at Via Tre Settembre, 174, 47891 Dogana, Republic of San Marino.
The Website (as defined below) consists of two main components:
- An institutional website managed by MERCURI SRL, with registered office in Via Tre Settembre, 174, 47891 Dogana, Republic of San Marino, Tel. +378 0549 972183, C.O.E. SM23995, which is entitled to use the domain name mercurifashion.com;
- A digital store, also managed by MERCURI SRL, that sells MERCURI products directly to consumers online.
Scope of Application
These terms and conditions (the “Terms”) govern your use of and access to the mercurifashion.com website (the “Website”, “Site”, “Web-site”) and any remote sales transactions conducted through the Website. Please read these Terms carefully before using or accessing the Site and before placing any orders on our Site. By accessing or using the Site, including making a purchase through the Site, you agree to be bound by these Terms.
These Terms are effective as of the date set forth above and will remain in effect as long as they are posted on the Site. We reserve the right to change and update these Terms at any time in our sole discretion. Any changes to these Terms will be posted on the Site, and the updated Terms will apply only to orders placed after they are posted. We encourage you to save or print a copy of these Terms for your records.
Product Ordering and Contracting
The presentation of products on the Website is intended as an invitation to make an offer. Orders may be placed through the Site by selecting a product image and following the steps and instructions provided. To modify or correct an order, please follow the instructions available on the Site. The total amount of any single order may not exceed €10,000.
By clicking on the “Buy Now” button, your order will be sent and stored in MERCURI SRL’s database for the period required by applicable law. Sending your order is considered as a proposal to conclude a sales contract. Upon receipt of your order, MERCURI SRL will send you an e-mail containing the order number and details of the products ordered, including their prices, shipping address, payment methods and estimated delivery times. This e-mail serves as an acknowledgement of receipt of your order and does not constitute acceptance of your purchase proposal. Upon receipt of your order, MERCURI SRL will check the availability of the products ordered and verify the accuracy of the information provided by you. The sales contract between you and MERCURI SRL will only be concluded when we send a separate e-mail confirming the acceptance of your purchase proposal and/or the shipment of the ordered products.
Your order may be declined under the following circumstances:
- (i) if there is an error in the information you have provided to us,
- (ii) if the products ordered are out of stock,
- (iii) if there are insufficient credit guarantees,
- (iv) the order exceeds normal consumption needs (whether because of the quantity of products in a single order or multiple orders of the same product, even if each order meets typical consumption needs); or
- (v) if an event beyond our control causes a delay in product availability.
If your order cannot be accepted, MERCURI SRL will notify you within 10 (ten) days from the date of receipt of your order, and any payment made will be promptly refunded.
Product Pricing
The price shown on the website for each product is for the individual item, expressed in Euros and includes shipping costs.
Payment Terms
Payments can be made by credit card or PayPal.
We accept the following credit cards:
- Visa/Visa Electron
- Mastercard
- American Express
- Diners Club International
- Maestro International
The full amount of the order will be charged to your credit card or PayPal account when you send your order to MERCURI SRL (by selecting “Buy Now”), with the simultaneous acceptance of your order by MERCURI SRL and the commencement of preparation of the product for shipment. In order to prevent online fraud, all payments made through the website are processed online by the bank managing your credit card using the services provided by PayPal. PayPal and its affiliates are responsible for the safe storage and processing of all order-related information, including credit card details, in a secure environment.
To complete a payment, you must:
- For credit card payments, confirm the cardholder information used to make the purchase on the site, then enter the 16-digit card number, expiration date and security code.
- For PayPal payments, enter your login information on the PayPal page you are automatically redirected to and follow the instructions to complete the payment.
During the purchase process, MERCURI SRL may store a confirmation code linked to your PayPal account, allowing you to use it exclusively for future purchases or to replace goods previously purchased without having to re-enter your PayPal details. You may revoke this authorization at any time through your “My Account” by expressly requesting it from Customer Service (support@mercurifashion.com) or directly from your PayPal account. PayPal may require you to re-enter your credentials if PayPal suspects unauthorized activity in connection with your PayPal account.
The order process is considered complete when the payment transactions are completed and you are redirected to the website to confirm acceptance of your order.
If your charge is not accepted due to incorrect data entry or other technical reasons reported by the payment service provider, you will not be able to use the “Buy Now” option. If you choose to exit the payment page as instructed by the service administrator, you will be redirected to the website informing you that the order cannot be completed.
Title to the Products passes to you when we deliver the Products to the address you specify or when you collect the Products from us. Title to the Products will not pass to you until we have completed delivery and received payment in full.
Delivery Options
Before completing a purchase on the Site, you may choose from the following delivery options:
Delivery to Your Address
The products will be delivered only to the address indicated by you, after the full payment of the order has been received by MERCURI SRL. We do not deliver to post office boxes or similar addresses. MERCURI SRL will ship the products to you as soon as possible and in any case within thirty (30) days from the date of acceptance of the order. If no one is present at your address when the courier tries to deliver, he will leave a notice with details of the delivery attempt and the codes and contact information needed to arrange a new delivery date. If you are not available during the first delivery attempt, the courier will make another attempt the following day. If the second attempt is also unsuccessful, the courier will leave a written notice with their contact details and the pick-up location where you can collect the products. If you do not collect the products within 10 (ten) days from the pick-up location, the products will be returned to our warehouse. Customer Service will contact you to decide whether to reship the ordered products or issue a refund.
In the event that delivery does not take place within 4 working days from the date of shipment communicated to you by MERCURI SRL, and if tracking is not possible on the Website, you must notify MERCURI SRL of the non-delivery through the “Contacts” page in the Customer Service section of the Website. MERCURI SRL will arrange for a new shipment of the lost product(s) within 48 (forty-eight) hours of notification, unless the product(s) are unavailable or due to force majeure, in which case the order will be cancelled and a refund will be issued.
Delivery Delays
You have certain rights if we are late in delivering Products without a valid reason. As set out in the Delivery section above, if we fail to meet the delivery date for any Products, you may treat the Contract as terminated immediately if any of the following apply
- (i) we have refused to supply the Products; or;
- (ii) delivery within the agreed timeframe was essential (taking into account all relevant circumstances) and you advised us before we accepted your order that delivery within that timeframe was essential and we agreed to it.
If you do not wish or are not entitled to terminate the Agreement immediately, you may set us a new reasonable time for delivery. If we fail to meet this new deadline, you may terminate the Agreement.
If an event beyond our control (such as force majeure) causes a delay in our delivery of the Products, we will notify you as soon as possible and take steps to minimize the impact of the delay. If we do so, we will not be liable for any delay caused by the event. However, if there is a risk of a significant delay, you may contact us to cancel the contract and receive a refund for any Products you have paid for but not received.
Shipping Costs
Shipping is free for all products purchased through the website.
Returns
If you exercise your right of cancellation, you must return the products using one of the methods described here.
Disclaimer of Warranties; Limitation of Liability
We provide the Products for your personal use only. If you use the Products for any commercial, business, or resale purpose, we will not be liable for any lost profits, business, business interruption, or business opportunity.
Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud, for breach of your statutory rights relating to the Products or for any other loss or damage which cannot be excluded by law.
If we fail to comply with these Terms, we will be responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. However, we will not be responsible for any loss or damage that is not foreseeable. “Foreseeable” means that the loss or damage was an obvious consequence of our breach.
Contact Us: Complaints, Communications, and Information
If you have any questions, complaints, or need to communicate with us regarding these Terms and Conditions, your order, or our products, you may contact Customer Service by phone at +378 0549 972183, by email at support@mercurifashion.com, or by using the “Contact Us” link in the Customer Service section of our website.
You can contact the Customer Service free of charge from Monday to Friday by e-mail, by filling in the form or by calling the telephone number. Please note that if you choose to use means or forms of communication other than those described above (such as mail, fax or calls to MERCURI SRL’s toll-free telephone number), MERCURI SRL will not be obliged to reimburse you for any costs incurred as a result of using these means of communication.
If we need to contact you, we will do so by phone or in writing to the email or postal address you provided in your order.
Force Majeure
The performance of services by MERCURI SRL may be suspended in the event of force majeure, which is an event beyond our reasonable control, such as (but not limited to) natural disasters, adverse weather conditions, government closures or restrictions, the spread of infectious diseases, pandemics, epidemics, war, riots, insurrections, strikes and supply chain problems affecting MERCURI SRL due to third party suppliers. MERCURI SRL shall not be liable for any delay or failure to perform caused by such force majeure events. MERCURI SRL will inform the Customer of any event of force majeure, if possible within seven (7) days of its occurrence. If the suspension of the service lasts longer than 15 days, the Customer will have the right to cancel the order and obtain a refund of the sums already paid.
Your Privacy
We have a Privacy Policy that explains how we handle your personal information and describes your rights in this regard. You can find a copy of our Privacy Policy on the Site.
Your Legal Rights
Nothing in these terms and conditions affects your statutory rights as a consumer under applicable law.
This is a summary of your legal rights. These are subject to certain exclusions. For more detailed information, please visit the relevant Consumer Rights Advice website or contact your local Consumer Rights Advice Service.
General Provisions
Each section of these Terms shall be deemed severable. If any court or other competent authority finds any provision of these Terms to be unlawful, the remaining provisions shall remain in full force and effect.
If we do not immediately insist that you do something that you are required to do under these Terms, or if we delay in taking action against you because of your breach of these Terms, that does not mean that you do not have to do that thing, and it does not prevent us from taking action against you at a later time.
We may assign our rights and obligations under these Terms to another organization. We will notify you if we intend to do so. If you are not happy with the transfer, you may contact us within ten (10) days of our notification to terminate these Terms.
These Terms are between you and us and do not give any third party any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of San Marino, and both parties agree to submit to the exclusive jurisdiction of the courts of the Republic of San Marino. However, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms affects your right as a consumer to rely on such mandatory provisions of local law.
