Terms of service
Please read these Terms of Use and Sale carefully before using the website https://www.mc2saintbarth.com/ ("Site") and making any purchases on it. The products available for sale on the Site ("Products") are offered and sold by LANIKAI S.R.L., with its registered office at Via Francesco Nullo, 1, 24122, Bergamo, VAT/Tax Code 03294840164, registered with the Bergamo Companies Register under no. BG366093, with a paid-up share capital of EUR 10,000 ("MC2").
These Terms of Use and Sale govern the use of the Site and the purchase of Products through it and are established between you and MC2. By using the Site or purchasing Products, you declare that you have read and understood the terms and conditions of these Terms of Use and Sale and fully and unconditionally accept each of their provisions. The full acceptance of the Terms of Use and Sale is a necessary condition for using the Site and purchasing Products. If you do not intend to accept these Terms of Use and Sale, you are invited not to use the Site, create a personal account, or make purchases on it.
MC2 expressly reserves the right to modify and/or integrate these Terms of Use and Sale to (i) ensure compliance with applicable laws and regulations; and (ii) adapt the Terms of Use and Sale to MC2's reasonable business needs. It is understood that these Terms of Use and Sale and the Site may undergo changes at any time for technical improvements.
If you make a purchase on the Site, the applicable Terms of Use and Sale are those in effect at the time of the purchase. In case of changes, the most up-to-date version of the Terms of Use and Sale can be found by clicking on the hypertext link "Terms of Use and Sale" on the Site and will be presented to you before the conclusion of the first purchase following the modification.
These Terms of Use and Sale do not govern the sale of products and/or the provision of services by entities other than MC2, which may be present on the Site through links, banners, or other hypertext links. MC2 does not control the contents accessible through such links. Therefore, before conducting commercial transactions with these entities, verify their terms of use and sale. In any case, MC2 is not responsible for the provision of services and/or the sale of products by these entities, nor for the contents of their sites and any errors, omissions, and/or violations of the law on their part.
1. Purchases on the Site
To purchase Products on the Site:
- You must be over 18 years of age or of legal age according to the applicable law. By making a purchase and accepting the Terms of Use and Sale, you declare that you are over 18 years of age.
- You must be a consumer, meaning you must be a natural person and act for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity you may be engaged in. Therefore, all purchases made on the Site are intended for personal use and not for resale and are subject to Legislative Decree 6 September 2005, no. 206, as subsequently amended (Consumer Code).
- It is not necessary for you to be registered on the Site, but please note that Site registration allows for faster payments, multiple shipping addresses, order tracking, discounts, benefits, and more.
The prices displayed on the Site, expressed in Euros, include VAT. You will be provided with all the necessary information on shipping costs. Prices are subject to change.
In the case of multiple concurrent promotions, discounts are not cumulative.
2. Order Submission and Conclusion of the Contract
When you place a purchase order on the Site using the "Pay now" button, you submit a contractual purchase proposal to MC2, which does not constitute a contract conclusion. MC2 will send you an email to the address provided at the time of the order, confirming the receipt of the order. This email does not constitute acceptance of the proposal but solely confirms that the order has been received, after which MC2 will verify the availability of the Product(s) and potentially verify the payment method you have indicated.
The contract for the purchase of the Product(s) will be considered concluded when you receive the email confirming the acceptance of the order, provided that the payment is successful, containing these Terms of Use and Sale and information about the Product(s) ordered, including the price paid. If, for any reason, the payment is unsuccessful, the order will not be processed and will be canceled, and the contract will not be concluded.
3. Product Availability
- Products are limited in quantity, and therefore, you are aware that MC2 will need to verify their availability at the time of sending the purchase order.
- While MC2 makes every effort to check the availability of the Products, occasional issues related to the availability of certain Products may arise. In such cases, MC2 will promptly inform you via email. In the event of a Product being unavailable, you will be refunded. If the order consists of multiple Products, the available Products will be shipped, and you will be reimbursed for the amount you paid for the unavailable Products.
4. Payment Methods
MC2 accepts the following payment methods for online purchases:
- Credit Cards: Visa, Visa Electron, MasterCard, American Express, Maestro, Diners, JCB circuits. To ensure the utmost security in payments, MC2 employs Secure Sockets Layer (SSL). For cards enabled with 3D Secure and Secure Code services, an additional security code will be requested during payment. If you don't have the code with you, you can contact your bank or use PayPal as a payment method.
- PayPal: It is a third-party payment service provider that accepts major credit and debit cards. Registering an account is not mandatory to use this service. In any case, please refer to the terms and conditions governing the PayPal service.
5. Shipping Policy
Deliveries within Italy are made by DHL, while worldwide deliveries are handled by FedEx. In case of strikes or other events, MC2 may use alternative couriers for shipping.
Where We Ship
We ship worldwide, with the exception of the Russian Federation, China, the Canary Islands, and other destinations; please refer to the website for more information on the destinations we serve.
Delivery Times
Customs Duties
Order Tracking
Shipping Address
Damaged or Tampered Packaging
Additional Information
6. Right of Withdrawal
You can request a return by exercising your right of withdrawal without any penalties and without specifying a reason, for any Product purchased on the Website within 14 days from the delivery date, as described below.
- You must return the Products in their original condition, unworn, undamaged, and unused, with all attached tags.
- You must ship the Products within 14 days from the date you informed MC2 of your decision to exercise the right of withdrawal. We kindly ask you to ship the Products in our box; if you cannot use the received box, you can return the Products in a different box.
- Products purchased with the same order for which you exercise the right of withdrawal must be shipped in a single shipment. Therefore, you will need to return all the Products related to the same order for which you have exercised the right of withdrawal together. This does not, however, affect your rights as provided by the Consumer Code concerning withdrawal.
- We will refund the order amount and assist you in managing the shipment, but you will be responsible for the shipping costs, as follows: EU countries €10, Italy €5. If, exceptionally, you need to return Products purchased with the same order separately, we will still refund the order amount. However
- we will assist you with the management of the first shipment, but you will be responsible for the shipping costs, as stated above;
- the management of subsequent shipments and their related costs will be your responsibility.
- To the maximum extent permitted by applicable law, if you make a purchase outside the European Union, the provisions in these Terms of Use and Sale governing the right of withdrawal will not apply, and therefore, you cannot return or exchange items.
- Gift wrapping is non-returnable and non-refundable because, to establish the nature, characteristics, and functioning of the Products, such packaging is necessarily rendered unusable.
- If the conditions above are not met, we will not proceed with the refund. In such a case, the Product will be returned to you at your expense, unless you expressly communicate otherwise. After this shipment, it will no longer be possible to return the order.
7. How to Exercise the Right of Withdrawal
Through the dedicated function on the Website in the reserved area accessible through your account.
If you have created an account before making a purchase:
- Log in using the previously entered credentials.
- Select the order you wish to return from the "Orders" section and click on "Return."
- Once the procedure is completed, you will receive an email confirming the receipt of the return request and the related instructions for arranging the pickup (e.g., return label printing instructions).
Purchases made as "guests":
- Create an account using the same email address used to place the order.
- Check your email (including the spam folder) because you will receive an email asking you to confirm your email address.
- Enter the chosen login credentials.
- In the "Orders" section, select the order you wish to return and click on "Return."
- Once the procedure is completed, you will receive an email confirming the receipt of the return request and the related instructions for arranging the pickup (e.g., return label printing instructions).
By sending a clear communication expressing your intent to withdraw from a specific order to the address client.service@mc2saintbarth.com
8. Refund in Case of Withdrawal
The refund will be issued using the same payment method used for the purchase. The time it takes to see the amount on your credit card may vary depending on local banking procedures.
- Credit card: the time depends on the credit issuer. As soon as the refund is issued, we will send you a confirmation email. If the credit card is near its expiration date, the refund will be made via a bank transfer to the coordinates provided by the customer. MC2 is not responsible for failing to communicate credit card expiration and refunds made to expired cards.
- PayPal: the refund will be issued directly to your PayPal account, and you will receive a confirmation email from us once the refund has been requested.
9. Legal Warranty of Conformity
Products sold on the Website are covered by the legal warranty of conformity as provided by Articles 128 and following of the Consumer Code.MC2 is responsible towards you for conformity defects, as defined by the Consumer Code, existing at the time of delivery of the Product. The action to enforce defects not willfully concealed shall in any case be barred within twenty-six months from the delivery of the item.
In the absence of proof to the contrary, it is presumed that conformity defects that occur within one year from the delivery of the Product already existed at that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the conformity defect. After one year from the delivery of the Product, it will be your responsibility to prove that the conformity defect already existed at the time of delivery.
To be able to benefit from the legal warranty, you will need to provide proof of purchase and the delivery date of the item. Therefore, for the purpose of this proof, it is advisable to keep the purchase receipt/invoice, as well as the transport document or any other document that can certify the purchase and the delivery date.
Notwithstanding the above, any breakdowns or malfunctions determined by external and accidental events, or by your responsibility, or by use of the product that is not in accordance with its intended use and/or what is provided in the documentation attached to the product, are excluded from the scope of the legal warranty.
Available Remedies
- Primarily, to free repair or replacement of the item, at your choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
- Alternatively, to a proportional reduction of the price or the resolution of the contract (with MC2's refund of what you paid for the purchase of the Product), at your choice, in the event that:
- MC2 has not carried out the repair or replacement, or has refused to carry it out as it is impossible or excessively burdensome;
- a conformity defect occurs, despite MC2's attempt to restore the conformity of the item;
- the conformity defect is so serious as to justify an immediate price reduction or resolution of the sales contract; or
- MC2 has stated, or it clearly appears from the circumstances, that it will not restore the conformity of the item within a reasonable time or without significant inconvenience to the consumer.
Without prejudice to other remedies, MC2 may object to the resolution of the contract if it proves that the conformity defect is only minor.
What to Do in Case of Conformity DefectMC2 reserves the right to ask you to attach the purchase receipt or invoice and/or the transport document or other documents proving the date of purchase and delivery to the request to exercise the legal warranty. MC2 also reserves the right to verify the existence or non-existence of the reported defect upon receipt of the Product.
10. License
With these Terms of Use and Sale, MC2 grants you a non-exclusive, non-transferable, non-sublicensable, and limited right to use the Website in accordance with the usage modes expressly allowed by the Website and governed by these Terms of Use and Sale. You must adhere to any limitations present on the Website without altering the Website in any way. In particular, except as provided by non-derogable legal provisions, you shall refrain from, for example: bypassing the technical limitations present on the Website; decoding, decompiling, or disassembling the Website; etc.
- use the Website to provide any commercial service
- use the Website to develop a product that competes with the Website or with MC2
- use automated access tools, such as spiders or robots, or perform scraping activities related to the Website or collect information and data from the Website
- allow third parties to access or use the Website, except as potentially provided in these Terms of Use and Sale
- distribute or publish your access credentials to the Website
- or use unauthorized or third-party access credentials.
11. Content and Use of the Site – Intellectual Property
The Site and its content are the property of MC2 or its licensors.
The Site and its content are protected by national and international laws concerning copyright, registered trademarks, designs and models, software protection, databases, domain names, or any other laws related to intellectual and industrial property rights.You may not reproduce, except for purposes related to personal use and within the limits provided by the applicable laws, publish, communicate to the public through any means of communication, transmit, perform, display, remove, delete, add, or otherwise modify the Site or the content, create works inspired by or derived from them, market the Site and/or the content, or actively participate in their marketing, unless expressly and prior authorization is granted by MC2.
It is expressly forbidden to damage, interfere with, or disrupt access to the Site and its content, or perform actions that could alter the functionality or interfere with the access of other users to the Site and its content, as well as to use the Site or its content in an illegal or harmful manner to MC2, or to any third party, including any other user of the Site. The web pages of the Site may allow access, through dedicated hyperlinks (so-called links), to third-party websites or resources on the internet. MC2 cannot be held responsible for the actual accessibility of third-party sites connected through links, nor for any damage that may result to you and/or users in relation to the contents or materials or products offered or obtained through such sites.
12. Warranty Disclaimer and Limitation of Liability
By using the Site, you expressly acknowledge and accept that the Site is provided "as is" and "as available" at the time of use.
To the maximum extent permitted by applicable law and subject to the provisions of this section, MC2 does not provide any warranty, whether explicit or implied, in relation to the Site, including, by way of example, any warranty of protection from harmful software (i.e., malware and/or viruses of any kind, including file viruses, boot viruses, macro viruses, and network viruses) or warranties of merchantability or fitness for a particular purpose.MC2 cannot be held in any way responsible for damages resulting from the use of the Site and the purchase and/or use of the Products, except as required by applicable law.Any content downloaded, created, or otherwise acquired from or through the Site is obtained at your sole and exclusive discretion and at your sole risk.
Therefore, you are solely and exclusively responsible for any damage that may occur to your devices or for the loss of data resulting from the use of the Site.
To the maximum extent provided by applicable law, by using the Site, you undertake to bear all the risks associated with such use and to assume full responsibility for any non-use, loss of data, and the costs associated with any assistance and/or repair activities of the hardware and/or software used in relation to the Site. Furthermore, you undertake not to hold MC2 responsible in any way for any damages resulting from or caused by the use of this Site or related to it.
13. Indemnity
To the maximum extent provided by applicable law, you undertake to indemnify and hold MC2, its affiliates, directors, officers, and assigns harmless from any and all liability for pecuniary and non-pecuniary damages suffered by them or by any third party, in any way, arising from: (i) negligent use of the Site and the Products, or in any violation of any provision of these Terms of Use and Sale, or (ii) violation of any applicable law or third-party rights.
14. Applicable Law and Competent Court
These Terms of Use and Sale are prepared in accordance with Italian law and are governed by it, to the exclusion of any rules of private international law that may apply.
Any dispute arising from the interpretation, validity, execution, performance, or termination of these Terms of Use and Sale shall be subject to the exclusive and inalienable jurisdiction of the court of the place where you reside or have your domicile.
In any case, you can use out-of-court dispute resolution procedures, as provided for in Articles 141 to 141-decies of the Consumer Code. The European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr.
15. Protection of Personal Data
MC2 gives particular consideration and the utmost attention to the protection of your personal data. MC2 processes your personal data in accordance with the provisions of applicable law and as outlined in its Privacy Policy, which can be accessed via the "Privacy" link on the Site and is an integral and substantial part of these Terms of Use and Sale
16. Miscellaneous Provisions
These Terms of Use and Sale constitute the entire agreement between you and MC2 and replace any prior or contemporaneous conditions, agreements, or statements, whether oral or written, related to the subject matter of these Terms of Use and Sale.
If one or more clauses of these Terms of Use and Sale should be declared invalid or ineffective according to applicable law, this invalidity/ineffectiveness shall not affect the remaining clauses of these Terms of Use and Sale, which shall remain valid and effective between you and MC2. MC2 shall retain the right to replace any clauses declared invalid or ineffective with other clauses in compliance with applicable law.
Neither you nor MC2 shall be considered in breach of these Terms of Use and Sale due to a delay or failure to perform its obligations resulting from any event beyond your reasonable control or that of MC2 (i.e., "Force Majeure"), provided that the affected party promptly notifies the other party of the Force Majeure condition and makes reasonable efforts to mitigate the delay or non-performance.
Any communication from you to MC2 regarding these Terms of Use and Sale should be addressed to the contact details in the "How to Contact Us" section.
17. How to contact US
Do you want to know more about a particular product, size, or style?
Do you have questions about your order?
Do you want to place an order on our website but need assistance?
Below are the contact details for Customer Service:
- Email: client.service@mc2saintbarth.com, Monday - Friday, from 9.30 to 13.30 and from 14.30 to 18.30
- Phone: +39 02.38583569, Monday - Friday, from 15.00 to 18.00
- Live Chat: By clicking on the chat button at the bottom left of client service page, you can chat with our customer service representative, Monday - Friday from 15.00 to 18.00
Your emails will receive a response within no more than two working days.
For any questions related to orders, please include your Name/Surname, order number, and email address.
For any questions related to our stores, please contact our stores directly. You can find answers to frequently asked questions by consulting our FAQ.