Terms & Conditions
Last update: 24 April 2020
A) These general terms and conditions of sale and use of the website identified below (hereinafter, for the sake of brevity, the “General Conditions”) apply and regulate all online sales of products (hereinafter referred to as “Products” or “Product”) by Cyrikk Ltd a private company incorporated and registered in England & Wales with number 12568112, (“Cyrikk”), through its platform accessible through the domain https://cyrikk.com and any future mobile applications (considered together or separately, below, for brevity, the “Site” or “Digital Accounts”).
B) The General Conditions may be subject to change and the date of publication of the same on the Site is equivalent to the date of entry into force.
C) The General Conditions regulate the purchases made on the Site, e-commerce and distance selling.
1. Scope of application
1.1 The General Conditions regulate sales carried out by Cyrikk in favor of the User of the Products. Before entering into a sales contract, the User is aware and unconditionally accepts that his / her negotiation declarations, the acceptance of the General Conditions as well as the conclusion of the contract are valid.
1.3. The User has the possibility, and it is advisable that he does so, to download and archive the General Conditions.
2. Pre-contractual information and conclusion of the contract
2.1 The User, prior to the conclusion of the purchase contract, examines the characteristics of the Products that are illustrated in the individual product sheets at the time of choice by the User. Some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are only representative.
2.2 With the purchase order, the User declares to have received through the Site, before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the following information concerning:
– the identity and contacts of Cyrikk;
– total price of the Products inclusive of taxes, with, if applicable, the details of shipping costs and any other costs;
– the payment obligation and the payment methods;
– the period within which Cyrikk undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal
– information that the User must bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods;
– if applicable, after-sales assistance conditions and commercial guarantees provided by Cyrikk.
2.3 The User may at any time and in any case before the conclusion of the contract, be aware of the information relating to the identity of Cyrikk, information that is reported, including below:
3. Terms and conditions of sale
3.1 The offers published on the Website are available in limited time and with limited quantities of Products.
3.2 All prices indicated on the Website are expressed in Euros (€), Pounds (£) or Dollars ($) and are inclusive of VAT. Likewise, delivery costs (at the address) are explicitly indicated therein and include VAT. This amount will be shown separately on the order form prior to submission and on the order confirmation e-mail.
3.3 The price of the Products may be changed without notice, provided that the price charged to the User will be the one agreed at the time the order is transmitted.
3.4 Products can be sold at discounted prices if agreed.
3.5 The Products will remain the property of Cyrikk until payment of the purchase price and expenses by the User has been made.
3.6 Cyrikk will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as agreed.
3.7 Cyrikk reserves the right to refuse orders from Users who do not give sufficient guarantees of solvency or with which pending disputes are pending.
4.1 The Products offered on the Site are limited in number and may run out before the expiry of the offer. It may therefore happen that the ordered Product is no longer available even after sending the order confirmation e-mail sent by Cyrikk. In case of unavailability of the ordered Product, the User will be promptly informed by e-mail and the purchase order will be canceled.
4.2 Cyrikk declines all responsibility for any delays in crediting the refund that depend on the payment method used by the User, by the Cyrikk bank itself or by the Registered Bank.
5.1 Deliveries are made worldwide, to the postal address indicated by the User, while certain territories are explicitly excluded. It is understood that the address indicated by the User in the purchase order is considered for shipping address and that this can not be modified in any way after the completion of the purchase process. The User is solely responsible for the address provided for shipping. In order to avoid fraud, the carrier in charge of the delivery reserves the right to check the identity of the User by checking an identity document, which demonstrates the coincidence of the order and payment data. For the same purpose, the User must provide a telephone number – preferably mobile – that may be used during the transaction or shipment, as well as the indication of the name on the intercom or bell at the delivery address.
5.2 Delivery is deemed completed when the Product is made available to the User at the address specified in the purchase order.
5.5 In case of impediments to delivery due to force majeure, war or Act of God Cyrikk or regulatory travel or lockdown restrictions can not be held responsible in any way.
5.6 In the event that the Product is not delivered or is delivered late, the User may submit a complaint to Cyrikk by e-mail to the following e-mail address: firstname.lastname@example.org, indicating the number and date of the order as reported in addition to data on the invoice where it was issued. Cyrikk will examine the complaint and communicate the result to the User as soon as possible and in any case within 30 (thirty) days from the date on which the complaint was filed. If it appears that the non-delivery or delay in the same is attributable to Cyrikk and are not due to the impossibility of delivering already settled previously, fortuitously or force majeure.
6. Guarantees and non-conformity of the products
6.1 The description of the Products offered on the Website has been drafted by Cyrikk to offer the User the greatest amount of information possible to evaluate the Product on the basis of what the suppliers, under their own responsibility, have communicated to Cyrikk. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and / or tools used for their visualization. Cyrikk is not responsible for the mismatch between the ordered Product and the description of the Product present on the Website, in the event that the mismatch derives from errors in the description attributable to the supplier and of which Cyrikk was not and could not be aware of the use of normal diligence.
6.2 The conventional guarantees relating to the Products sold are those supplied directly by the manufacturer.
7. Duties and responsibilities of Cyrikk
7.1 Cyrikk undertakes to correct all errors in the description of the Products offered on the Website, in the shortest possible time, starting from the notification of the same. The reporting of such errors can be made by contacting Cyrikk at the addresses indicated.
7.2 Cyrikk is not responsible in case of damage, of any kind, deriving from the use of the Product improperly and / or not in compliance with the instructions provided by the manufacturer and in case of damages deriving from unforeseeable circumstances or force majeure.
7.3 Cyrikk will not be liable in the event of loss of profit, loss of revenues, profits, data or any other indirect and consequential damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.
7.4 The responsibility of Cyrikk, in any case, can not be higher than the total value of the purchase order.
7.5 Under no circumstances shall Cyrikk be held liable for any failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions in the event that the breach is caused by accident and / or force majeure, including purely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
8. Modification of the methods of sale and / or termination of the sale on the Site
8.1 Cyrikk reserves the right to modify the methods of sale of the Products on the Website and / or to cease the sale of the Products on the Website.
8.2 Cyrikk can not in any way be held liable to the User or third parties for such modifications and / or if the Products on the Site cease to be sold.
9. Site content and intellectual property rights
9.1 Intellectual and / or industrial property rights on the contents of the Site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, the logos and any other material, in any format, including the menus, the web pages, the graphics, the colors, the diagrams, the tools, the characters and the design of the Site itself, the diagrams, the layout, the methods, the processes, functions and software, are the exclusive property of Cyrikk and the other respective owners. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Site is forbidden unless previously authorized in writing by Cyrikk. It is also forbidden to use the contents of the Website for commercial and / or advertising purposes.
9.2 All the other distinctive signs that distinguish the Products sold on the Website are registered trademarks of their respective owners and are used by Cyrikk, for the sole purpose of distinguishing, describing and advertising the Products for sale on the Website. Any use of the above mentioned non-compliant and unauthorized trademarks is prohibited. It is in no way allowed to use any distinctive sign on the Site to take unfair advantage of the distinctive character or reputation of these or in a manner that would harm them and their owners.
9.3 In no case may the User alter, modify, modify or adapt the Site, nor the material made available by Cyrikk.
10.1. Cyrikk is the exclusive owner of the Site and of all its content, both as a whole and divided, including, but not limited to, documentation, images, photographs, drawings, logos, characters, figures, music and sounds, software, methods, processes, codes, written contents, web pages, including menus and buttons. The material included on the Website is protected by the rules on copyright, industrial property rights, databases and the rules on unfair competition.
10.2 It is expressly forbidden to reproduce, modify, transmit, republish, redistribute it to third parties for any purpose and in any form, without the prior express written consent of Cyrikk, the Site and its contents, both on the whole and partially .
10.3 By accessing the Website, end users expressly accept that the applicable laws and regulations of England & Wales apply to all matters pertaining to the use of the Website. Cyrikk does not guarantee that the content of this Site complies with the legislation of other countries. The end customers who choose to access the Site from foreign countries will therefore have the burden of verifying that the contents of the Site are legal in their country and will be solely responsible for compliance with local laws.
10.4 Cyrikk has adopted, according to the state of the art and technology, all necessary and reasonable precautions in order to guarantee the accuracy of the information published on the Site. In any case, Cyrikk declines all responsibility for any typographical errors and / or technical defects, inaccuracies or inaccuracies that may be contained in the Website and in relation to which any correction is expected following notification.
10.5 Cyrikk reserves the right to modify the Website at any time and without notice and disclaims any responsibility for interruptions or malfunctions of the Website due to technical causes or related to problems of the end customer’s browser (including, but not limited to) not exhaustive, the deactivation of the so-called cookies, the block of pop-ups, the not enabling of the java script software or similar.
10.6 Cyrikk informs end customers that they have taken all necessary security measures, according to the state of the art and technology, in order to ensure the integrity of traffic and electronic communications data and in such a way as to minimize the risks a) destruction or loss, even accidental, of data, b) unauthorized access or c) processing not allowed or not compliant with the purposes of collection in the personal data protection regulations.
10.4 The security of communications sent over the internet (including via email) is subject to numerous factors beyond the control of Cyrikk. Cyrikk can not therefore guarantee the security or confidentiality of any electronic communication and can not be held responsible towards the end customer for any loss or damage that the end customer may suffer as a result of the transmission of such communications.
10.5 With access to the Website, the end customer undertakes to verify that his / her computer is equipped with devices suitable for the purposes referred to in paragraph 4, and in particular periodically updated antivirus systems. The end customer also undertakes to verify that his system is equipped with appropriate measures and periodically updated, according to the best knowledge of the technique, for the security of data transmission on the network.
11. Final clauses
Failure to exercise a remedy in the event of a default by the other party to this contract or a right does not constitute a waiver of such remedy or right in the future.
Any changes or additions must be made in writing, under penalty of nullity.
The General Conditions and the purchase and sale contracts of the Products according to the same are governed by the laws of England & Wales.