The sale of products on our website ProduceShop is regulated by the following general terms and conditions of sale and use (the “Terms and Conditions”). Products purchased on ProduceShop are sold by MBK Fincom SA (“ProduceShop”, the “Company” or the “Seller”). It is possible to ask for information through the Contact page, where you will find information about purchases, shipping, refunds and returns of purchased goods. For any other legal information please refer to the sections: Terms and Conditions of Purchase, Privacy and Legal Notes.
1. Commercial Policy
1.1 The following Conditions of Purchase, only regulate the purchasing orders for products on ProduceShop by the user (the “Client”) and the subsequent acceptance of said order by the Seller. In case of purchase through external marketplaces (e.g. eBay, Manomano etc.) one must refer to the purchasing conditions of that specific portal.
1.2 By sending a purchasing order, the Client is declaring to be of legal age. All purchasing orders sent to the Seller and returns from users must correspond to normal consumer necessities. The Seller will monitor the number of purchasing orders sent and the number of returns issue.
1.3 Terms and Conditions do not regulate the supply of services or the sale of products from subjects that are not the Seller, even if present on ProduceShop in form of an external link, a commercial banner or any other external connection. Before purchasing services or products from other parties, the Client is advised to consult the Terms and Condition of said third party. The Seller is in no case responsible for the services and products provided by third parties and is not responsible for the conclusion of commercial operations between ProduceShop users and third parties.
1.4 In case of improper or unauthorized use of the Company’s name or of the ProduceShop brand, including mentions in online comments, posts or other public contents, the Company reserves its right to safeguard its image via the appropriate legal means.
2. Purchasing Options Information directed to the conclusion of the contract with the Seller, according to the European legislation 2000/31/CE.
2.1 To conclude the sales contract of one or more products on ProduceShop, the Client must send a purchase order online to the Seller, via the form present on the ProduceShop website, following the related instructions (filling out the various requested fields on the order completion page).
2.2 Before sending the purchase order the Client is advised to read and save a copy of the Terms and Conditions of Purchase. According to the European legislation 2011/83/UE, before completing the purchase order, the Seller will supply a copy of the contract conditions that will apply to said order, including a summary of the information regarding the essential characteristics of each product ordered, featuring price (inclusive of all applicable tax), available payment options, delivery conditions, shipping and delivery prices; also in summary is information on how to contact the Seller and the date within which the Seller commits to deliver the products. The Seller will also supply information and conditions on how to exercise the Client’s Right of Withdrawal. In any case, further information, including details on the legal warranty, can be requested on the Contact page of the ProduceShop website. For an alternative, extra-judicial resolution of claims, further information is available on the European Commision’s website.
2.3 On the page with the purchase order confirmation and the reminder of the Terms and Conditions of Purchase, a summary of the information regarding the essential characteristics of each product ordered, featuring price (inclusive of all applicable tax), available payment options, delivery conditions, shipping and delivery prices and additional prices for specific delivery services chosen.
2.4 Sending a purchasing order to the Seller, constitutes a binding contract for the user. Before sending a purchase order, the Client is required to check, and possibly change, all information entered.
2.5 Once the purchase order has been sent, the Client will receive an automatic e-mail from the Seller confirming the order reception. Receiving said email is the acceptance of the Client’s purchase order.
2.6 The sales contract is closed when the purchase order is accepted by the Seller. At this point, the Seller will send a new order confirmation email with information about the products being shipped; this email will contain a link to the Terms and Conditions of Purchase.
2.7 The purchase order that has been sent to the Seller will be archived within the company’s database for as long as necessary to send out the order and, in any case, for a period within legal terms.
2.8 The language available to conclude the sales contract with the Seller is English.
2.9 The Seller reserves its right to not accept purchase orders if they do not give sufficient solvency warranties, if they are incomplete or incorrect, or in case of unavailability of products. In this case the Seller will notify the Client that the purchase order is canceled, specifying the reasons. If the purchased products are no longer available for sale at the moment of receiving a purchase order, the Seller will promptly, and in any case within 30 days starting from the following business day, contact the Client about the unavailability of products. If the Client has already payed for the products, the Seller will refund, without delay, the whole amount payed; at this moment the sales contract will be considered resolved. The Seller reserves its right to not accept purchase orders in the cases described at 1.3.
2.10 By electronically transmitting a purchase order, the Client is accepting unconditionally, and is bound to observe, the Terms and Conditions of Purchase. Clients that do not accept one or more points present in the Terms and Conditions of Purchase, is invited to not send a purchase order for the purchasing of products on ProduceShop. By sending a purchase order, the Client is also confirming to have read and accepted the documentation present in the sections: Legal Notes and Privacy.
3. Warranties and Product Prices
3.1 Essential characteristics of each product are presented on ProduceShop within each product description page. The colour photographs of the presented products are shot in a professional photographic studio and are representative of the true products. That being said, there could be a difference in colour perception from the users due to browser and screen type used. Size and measurements are taken by measuring the products from the outside boundaries as reported in the product description on each product page.
3.2 Product prices are subjected to being updated. The Client must make sure of the sale price before sending the purchase order. In the case of an price error attributable to ProduceShop, the Seller will not accept the purchase order and will contact the Client to allow for a correct purchase order to be sent. The price of products on ProduceShop is already the most competitive that ProduceShop can offer. Once the Client has sent the purchase order, no discounts or comparisons with similar products offered by other sellers can me asked and made. The Client will still be able to return the products.
3.3 SPECIAL OFFERS AND SECOND CHOICE ITEMS: products found in this category and marked by a “Special offer” naming, feature minor defects of various kind. All these product will feature some pictures of the imperfections, but non of all of them. Defect claims will not be accepted for products in this category and the Right of Withdrawal is not contemplated as these are products sold with the formula “as seen and approved”.
3.4 REPLACEMENT REQUESTS: items found in this category are replacements for our products. To receive the requested replacement part, the Client must provide photo documentation of the need of such product. Return for products in this category are not accepted.
3.5 Purchase orders from countries that are not present on our home page are subject to revision by the Seller that will evaluate the product compatibility with the requesting country and the possible shipping surcharge.
3.6 All products sold on ProduceShop are covered by a legal warranty with a duration of twenty-four (24) months for any defects in compliance with the law. Any defects must be communicated to the Seller within 14 days of receiving the product. Defects can be communicated through the Contact page on the ProduceShop website and to the Customer Care office, that will determine their unsuitability. In case of a compliance defect the Client has the right to ask for a repair or a replacement of the product. In the case these remedies would not be possible or would be too expensive, the Client has a right to a discount or price reduction to what has been payed or to a complete resolution of the sales contract. In case of a compliance defect the Client will benefit from either:
- repair or replacement of the product;
- price reduction;
- sales contract resolutions.
In any case, to determine the price reduction or the refund amount, the Seller will take into consideration the usage of the product: a slight defect will not allow for the contract resolution. Legal warranty is not applied and will not cover damage such as:
- normal wear due to product use;
- damage derived from improper assembly, installation or positioning;
- damage derived from weather, negligence, uncare and lack of maintenance;
- damage derived from improper use and use that differs from normal expected use cases;
- damage derived by connecting the product to non compliant electrical systems.
Also, any risk of damaging or losing the product/s is transferred to the Client when he/she takes delivery of said product without signing with a reserve to check. Communication of any manufacturing or compliance defect must feature photographic documentation of said defect; without photographic evidence it will be impossible to proceed with the claim. Images sent by the Client must be clear, with good resolution and must be taken in good, neutral lighting conditions. Claims related to normal wear or improper use of the product will not be considered. The majority of our products is meant for home use and not for a commercial/professional one, unless clearly specified in the product description. The Seller cautions the Client (which will assume his/her legal or civil responsibility) to the use of products in a professional/commercial environment, unless specified in the product page; ProduceShop will not be held responsible for any damage or incidents cause to users.
After 14 days have past from the delivery, the defective product must be shipped for repair via courier to a logistical hub of ProduceShop’s choice, after receiving the e-mail confirming the return acceptance. To open a claim, the product serial number must coincide with the one of the product ordered. The technical office will then, after verifying the defect, repair or replace the product; all shipping costs are to be considered responsibility of the Client. If the products appears to be in working order and free of claimed defect, ProduceShop will reserve the right to charge the Client with return shipping costs and a surcharge due to the time spent by the technical office in trying to identify the claimed problem.
4.1 In order to pay the price for the ordered products, the shipping costs and possible surcharges, the Client will be able to choose one of the payment options that are listed in the purchase order.
4.2 ACCEPTED PAYMENT OPTION: the available payment options are those present in the footer of the ProduceShop website. Shipping of the products will take place once the payment has been received by the Seller. Other than invoices and payment receipts, no other declaration will be released. Those seeking more details on payments options can visit the Payment Options page.
4.3 In the case of payment via credit card, financial information (e.g. credit/debit card number or expiration date) will be sent, via encrypted protocol to the banks that provide electronic payment services, without the possibility of third parties to have access to any data. Said information will never be used by the Seller if not to complete the purchase, to issue a refund following a return of the product or in case of fraud, where said information will be submitted to the police. The price of the ordered products will be finally charged to the Client’s bank account through the selected payment option.
4.4 In the case of proven delivery of goods and forced refund by a bank, by a marketplace or due to a chargeback, ProduceShop will reserve its right to claim the refunded amount with the appropriate legal setting.
5. Discount Codes
5.1 Discount codes are personalized codes that allow the user to take advantage of a discount on purchases on ProduceShop.
5.2 The DISCOUNT CODE field is shown on the first page of the purchase process: once added products to the basket, one may insert a discount code into the box. After clicking the Update button, the new total will show in the basket.
5.3 Discount code limitations and uses:
- A discount code is usable one time;
- A discount code cannot, in any way, be converted to money;
- Only one discount code may be used during the order process.
6. Shipping and delivery of products
6.1 Shipping and delivery of products are the Client’s responsibility. It is recommended to choose an insured shipping option to protect from possible courier damage. Upon taking delivery of the package/s, carefully inspecting the boxes and pointing out defect is required. The Client is advised to sign the delivery clearly indicating “GOODS UNCHECKED” or “GOOD UNCHECKED + DAMAGE REPORTED”. By signing with a reserve, the recipient is indicating that they are reserving their right to check the integrity of the products and that, in case of damage, the courier will have to claim responsibility. The Client shall not reject the goods, but always apply the acceptance subject to specific confirmation, committing himself to report any defecct found during the inspection within five (5) days from the delivery date. In the event that the Client does not apply the above, i. e. , does not provide the seller photographic documentation and/or a reason other than the one presented in this point, the costs of returning goods to our warehouses and the possible costs of restoring the goods shall be automatically charged and deducted from the reimbursement.
6.2 In the case that the products appear damaged and no reserve has been noted upon delivery, even if the shipping has been insured, the Seller will not take responsibility over any damage or anomalies that might have occurred during the shipping process. In this case, the Client itself will have to take the claim to the courier.
6.3 Packages will be delivered only to the ground/street floor.
6.4 If the Client decides to change the delivery address, or to delay the delivery, after the order has shipped and without specifying it in the notes or promptly contacting Customer Care, ProduceShop will reserve the right to charge the Client with additional costs for said modifications. Orders received with incomplete or incorrect phone numbers will be automatically put on stand-by, while awaiting to receive correct information by the Client.
6.5 By selecting the phone warning service, the courier will behave in 3 different ways, according to the protocols issued by the delivery hub or by the specific branch. - Delivery attempt; if the courier will not find anyone home, a phone call will follow to arrange for delivery. - Upon receiving the parcel at the branch, the courier will contact the Client to arrange for a delivery. - The courier will contact the client on the delivery day to make sure someone is home. It is not possible to choose any of these options.
6.6 GOOD IN STORAGE: after the courier attempts delivery of the package/s for 3 consecutive times and contacts us in case of problems (absent recipient, no phone answer etc.), the goods will be held in storage and the Customer Care office will attempt contact with the Client for further delivery instructions. 6.7 In the case that the Client does not reply within 7 business days, the products will be sent back to the Seller that will charge the Client with return shipping costs, storage and repackaging costs. The Client’s cooperation is requested in order to avoid such inconveniences.
6.8 REMOTE LOCATION (WITH SHIPMENT SURCHARGES): for certain locations, like small islands, a shipping surcharge will be requested. Said surcharge will promptly be noted to the Client during the order process or by the the Customer Care office, during order review.
6.9 MINIMUM ORDER: For certain products that are pre-packaged in 2 or more pieces, a logistical surcharge will be added to the order if a quantity below the minimum stock is requested. Said surcharge will promptly be noted to the Client during the order process or by the the Customer Care office, during order review. In this case the Client has the option to pay the surcharge, add products to meet the stock requirements or to cancel the order.
6.10 INCORRECT PERSONAL AND DELIVERY INFORMATION: the Client is solely responsible to enter the correct personal and delivery information during the order process. Due to the efficient logistical process it is very difficult to modify said incorrect information. Within 3 hours of placing an order, the Seller will do it’s best to modify the information but will not guarantee any success in doing so; after 3 hours of placing an order the Client may still request a modification but there may be logistical surcharges and delays not attributable to ProduceShop.
7. Applicable Law and Dispute Resolution
7.1 While taking note of the European binding regulations in defense of the customer, Terms and Conditions of Purchase are regulated by the European law and in particular by the 2000/31/CE directive in the matter of company information services and electronic trade.
7.2 It is advised that the European commission offer, on its own site, a platform dedicated to alternative extra-judicial dispute resolution methods.
7.3 MBK Fincom SA is a company with legal registration in Switzerland, Via al Molino 31 6926 Collina d'Oro-Montagnola. For any dispute related to purchases or to these Terms and Conditions of Purchase, the competent court is the one of Lugano (CH). Regarding any credit recovery action issued by MBK Fincom SA towards a Client or customer that has purchased/received goods without completing the payment process for whatever reason (system errors, previously initiated refund procedures etc.) the competent court will be the one located in the concerning country and where the Company has fiscal representation.
8. Right of Withdrawal
8.1 In compliance with the European 2011/83/UE directive (the “Directive”), the Client has the right to rescind the contract that was stipulated with the Seller within fourteen (14) days from taking delivery of the products, without being required to provide any explanation.
8.2 In compliance with the Directive, the Client may rescind the contract with the Seller by using, and completely filling out the correct form, available in the Contact section. Once received, the Seller will send e-mail confirmation to the Client confirming the reception.
8.3 In compliance with the Directive, once the right to withdrawal has been exerted, the Client will be forced to return the purchased products to the Seller, via courier shipment, withing 14 days of receiving the Seller’s e-mail confirmation.
8.4 All shipping costs for the return of the shipped products are the Client’s responsibility, unless the Seller has expressly relieved the Client of said costs. The products are transported on the Client’s responsibility, it is advised to select shipping insurance. The Seller reserves its right to refuse the delivery of the returned goods if the package or goods themselves feature any anomaly.
8.5 The right of withdrawal, while accounting for the terms expressed in the points 8.1, 8.2, 8.3 and 8.4, is intended correctly exerted if all these conditions are also respected:
(a) The right of withdrawal must be exerted within 14 days of receiving the product/s;
(b) The product/s must not show any signs of use, wear or damage;
(c) The product/s must be returned in their original state, complete with any provided accessory (including documentation, cables etc.), in their original packages with adequate padding and proper seals.
(d) The product/s must be handed to the courier within 14 days of receiving the Seller’s confirmation to the withdrawal request.
8.6 Exceptions to the rights to return goods
In accordance with the main consumer regulations, there are certain exceptions to the rights to return goods. These include the delivery of sealed goods that are not suitable for return for hygiene or health protection reasons and goods that have been opened after delivery. In particular, this exception to the rights to return goods, applies to the purchase of products belonging to the category sex toys. All products belonging to this category cannot be returned or replaced for obvious hygienic reasons, being objects for personal and intimate use.
An example of some situations that may occur: (i) the customer has purchased a sextoy that has no sealing or hermetic blister. In this case your rights to return a product are not exercisable. There is the possibility however of requesting assistance under warranty if you find problems with the production of the item or a malfunction, (ii) the customer has purchased a sextoy with a sealed packaging. In this case your rights to return the product are exercisable, unless the customer has already opened the sealed package. Also in this case there is the possibility of requesting assistance under warranty if you find problems with the production or a malfunction."
8.7 The Seller will verify that the returned products are compliant to the conditions expressed in 8.5.
8.8 If the right of withdrawal is exerted in the modes and within the terms mentioned above, the Seller will send, via e-mail, a confirmation of the reception of the goods and promptly refund the payed amount. 8.8 Refunds to the Client will be issued by the Seller in the least possible time, and in any case within fourteen (14) days of receiving the returned goods at the indicated address. The Seller will provide the refund once the conditions expressed above are met.
8.9 If the Client is not to respect the modes and terms of his right of withdrawal, expressed in the point 8.5, he/she will not be eligible to a full refund of the amount payed to the Seller; in this case the Seller will communicate the refusal of the return. Within 14 days of receiving the confirmation of the refusal, the Client will be able to request to have back, at his/her own expense, the products that were sent to be returned; if this does not happen, the Seller reserves the right to keep the returned products and the previously payed sum. In compliance to the Directive, the Client is responsible for the depreciation of the returned products if used in a way that differs from the intended use. In this case, a depreciation percentage, ranging from 10 to 90%, will be detracted from the refunded price, according to the amount of devaluation the returned products have suffered. Once the order confirmation email has been sent by the Seller, the orders are promptly processed by the logistics. In the event of a cancellation request and/or withdrawal of the order by the Customer, subsequent to having sent this email, the Seller reserves it's right to withhold logistical costs, including transport costs incurred until receiving the request, from the amount to be reimburse
8.10 The return of the products can only be executed through a courier, and not by hand delivery, to our indicated warehouse.
8.11 The return address will be communicated at the end of the guided return procedure.
8.12 Return address: Produceshop Logistica Via Platani 1150 CAP 26034 Drizzona CR Italy
9. Refund Modes and Times
9.1 The Seller will issue the refund to the same payment method used by the Client during the purchase of the products. If no correspondence between the recipient and the person who payed for the order is found, the Seller will issue the refund to the party who was responsible for payment.
9.2 Whatever the payment method chosen, the rufund, partial or complete, is issued by the Seller as soon as possible, and in any case within fourteen (14) days of receiving the goods and after the complete verification of said goods has been taken place.
10.1 Additional information regarding the treatment of personal data can be found in the Privacy section.
11. Customer Care
11.1 Any information can be requested by contacting the Customer Care office through the Contact page.