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Conditions of Sale
This website (hereinafter the “Website”) is the property of MIA srl, with registered office and administrative headquarters in Acquafredda (BS), and registered with the Brescia Companies’ Register BS – 490672, tax code and VAT number IT02928310982, fully paid-up capital € 50,000. Registered and unregistered users are invited to carefully read the terms and conditions (hereinafter T&Cs) below and, if they do not adhere to them, abandon navigation on this Web Site.
2. AGE AND RESIDENCE
2.1 The Website and the Services offered are intended for Users who wish to receive Products within the Enabled Areas and who are at least 18 (eighteen) years old.
2.2 The User who intends to register or purchase products guarantees to be of legal age and that the personal data provided are true, correct and updated.
3. WEBSITE REGISTRATION
3.1 In order to make full use of the Services offered, registration on the Website is required. Confirmation of the email address provided is an integral part of the Registration process. The responsibility deriving from the falsity of the information provided will fall exclusively on the person who made the registration; the Company declines any responsibility regarding the truthfulness of the information received.
3.2 If the registration is made on behalf of a third party, the person who provides for the same guarantees that the data entered has been communicated with the prior consent of the third party, assuming all responsibility for the accuracy and truthfulness of the information provided.
3.3 If there should be any changes in the data provided during registration, it will be the User’s responsibility to update them by accessing his Profile.
3.4 In the event that the User does not complete the registration process, communications may be sent inviting him/her to conclude the registration process, without prejudice to the User’s right to request cancellation from the Website by sending an e-mail to email@example.com with the subject “Cancellation request”.
3.5 After registration, identification on the Website for full use of the Services will only be possible by providing the Username and Password chosen during Registration. In this regard, it should be noted that the User is solely responsible for the activities carried out through the registered account.
4. PRODUCTS AND SERVICES
4.1 All Products and prices shown on the Website constitute an offer to the public subject to the limitations and conditions contained in these T&Cs.
4.2 The Services offered by the Company to Users allow:
a) view the Products that can be purchased through the Website;
b) select the Products that the User intends to purchase;
c) use the transportation of the Products to the delivery address;
d) pay the amount due to the Company for the purchase of the Services offered through the Website.
5. CHARACTERISTICS AND PRICE OF THE PRODUCTS
5.1 The photographs of the Products are for illustrative purposes only and are not binding on the Company. The Company consequently declines all responsibility and provides no guarantee with reference to the lack of full correspondence between the photograph of the Products published on the Website and the Products actually delivered.
5.2 The prices shown on the Website are inclusive of VAT and the cost of the online transaction, however the cost of delivery will be shown and charged separately at the stage of purchase.
6. ACCEPTANCE AND CONFIRMATION OF ORDER
6.1 The order sent by the Customer will only be binding on the Company if the entire order procedure has been completed regularly and correctly, without any error messages being displayed by the Website and once payment has been confirmed.
6.2 Following acceptance of the order, the User will receive an order confirmation by e-mail and will be able to view in the Reserved Area the order placed and confirmed with a summary of the Products ordered, the relative prices and the terms of execution.
7.1 Unless there is a specific commercial agreement between the Company and the User, the User shall be required to make payment upon completion of each purchase order.
7.2 In the case of a Purchase, the User may complete his purchase by paying by Credit or Debit Card and without being charged any commission through the Paypal payment platform.
8. REQUEST FOR ADDITIONAL INFORMATION
8.1 The Company reserves the right to ask the User for additional information or to send copies of documents proving the ownership of the card used.
8.2 The Company reserves the right not to accept the purchase order and / or to withdraw with immediate effect from these T&C in the event that the User does not provide the information and / or copies of documents demonstrating the actual ownership of the card used for the payment of the Products ordered.
8.3 In any case the Company cannot be held responsible for any fraudulent use of credit cards by third parties when paying for Products purchased on the Web Site.
9.1 The Company will organise the transport of the Products to the address indicated by the User by means of selected professional transporters. The Company, in accordance with the current regulations on the sale of consumer goods is responsible for defects in the goods. Any anomaly in the packaging or wrapping containing the goods sent must be immediately detected by the Carrier and reported to the Company; complaints about the lack of product in the presence of obvious tampering and/or counterfeiting will not be accepted. Any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points indicated or authorized by the user is also excluded.
9.2 The Company delivers the Products purchased in the following countries: Italy, France, Germany, Spain, United Kingdom, United States. If not explicitly agreed upon in writing, the presence of the User or his representative is required for delivery.
9.3 The delivery service is guaranteed only for places that can be reached with the means of transport provided by the Carrier (e.g. houses that can only be reached via dirt roads are excluded). In the event that a person is not available at the indicated address and the attempt to contact him by telephone is unsuccessful, the Carrier will simply deliver the goods to the side of the road in front of the front door of the indicated house, in order to ensure low costs and time for all Users.
9.4 However, for any anomaly found, the User may contact the Company by writing to “firstname.lastname@example.org”, indicating in the subject of the e-mail the order number and specifying the anomaly and documenting it with photographic material.
10. DISPUTES AND EXCLUSION OF LIABILITY
10.1 The User undertakes to raise any complaints relating to the Service or the Products supplied, under penalty of forfeiture, within 48 (forty-eight) hours following Delivery by writing an e-mail to “email@example.com”, indicating in the subject of the e-mail the order number and specifying the anomaly and documenting it, when possible, with photographic material.
10.2 The Company shall not be liable for any damages due to inaccessibility to the Services deriving from problems connected to the network, providers or telephone and/or telematic connections over which the Company has no control, and to the failure and/or defective functioning of the electronic equipment of the User himself.
10.3 The Company assumes no responsibility for content created or published on third party sites with which the Website has a hypertext connection (“link”). The User who decides to visit a website linked to the Website does so at his or her own risk, assuming the burden of taking all necessary measures against viruses or other computer insidiousness.
11. MAJOR FORCE
11.1 The Company will make every effort to meet its obligations. However, it cannot be held responsible for delays or non-delivery caused by circumstances beyond its reasonable control.
11.2 The Company therefore will not be liable for any delays occurring during transport caused by events and/or causes of force majeure or unforeseeable circumstances, such as but not limited to: natural disasters, adverse weather conditions, strikes (of its own or other employees), accidents to means of transport, explosions or any other cause, similar or different, occurring outside the control of the Company and not attributable to it, even pre-existing, which prevents or aggravates the total or partial execution of the contract.
12. RIGHT OF WITHDRAWAL
Pursuant to Art. 64 D. Lgs. 6 September 2005 n. 206, the right of withdrawal can be exercised only by natural persons acting for purposes unrelated to their business or professional activity. The customer has the right to withdraw from the contract relating to the purchase within ten working days, without penalty.
If the exercise of the right of withdrawal is related to the purchase of a product already delivered to the customer: the withdrawal is exercised by sending a registered letter A / R, accompanied by the order number and all the necessary references, within 10 working days of receipt of the product to the address of the store expressing the desire to withdraw from the purchase. In order to validly exercise the right of withdrawal, the product must be returned to the headquarters of the Company within 5 working days of receipt of the product itself, undamaged, in good condition, complete with appliances and accessories and carefully protected to avoid any damage, writing or alteration.
In any case, the costs of returning the product shall be borne by the user (art. 67 co. 3 Legislative Decree no. 206/2005).
The right of withdrawal can not be exercised in the event that the sale has been the subject of goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.
13. USER’S OBLIGATIONS
13.1 You agree not to use the Website or related Services for any purpose that is unlawful or not covered by these T&Cs. The User may not use the Website and its Services in such a way as to damage or otherwise impair or interfere with the use of the same by other Users.
13.2 You are responsible for keeping your login credentials confidential and secure and will be held liable for any use of the Website made by anyone accessing it using your credentials. The User undertakes in any case to:
a) not use machines, algorithms, software or other automatic functions to generate the recall of pages or materials;
(b) not to generate page referrals, whether by chain letters, e-mails or other means, by which a person or group of persons is requested to consult a page;
c) notify the Company immediately in the event of a suspected breach of your Account security.
14. RESOLUTION. TERMINATION OF SERVICES
14.1 The Company reserves the right to notify the User, at its sole discretion, the prohibition of access and use of the Website and Services, or part thereof, at any time and with immediate effect, in the event of violation by the User of his obligations.
14.2 Access to the Website may also be temporarily interrupted in the event of technical problems or for maintenance purposes. If possible, notice of such interruptions will be given on the Website.
14.3 The Company may make improvements and/or changes to the Website and the Services at any time if this is necessary for technical reasons or in order to comply with current legislation.
14.4 The Company reserves the right to discontinue, in whole or in part, the provision of Services at any time and with reasonable notice in order to allow users to use the services already accepted. In such cases, the Company will give timely notice to Registered Users, via e-mail and, in general, to Users, by means of a notice on the Website.
15. DATA PROTECTION
15.1 In compliance with Art. 6.1A of Regulation (EU) 2016/679 on the processing of personal data and in accordance with what is better specified within the Privacy section, the User consents that in the databases of the Website are stored personal information relating to the same detected for tax and/or administrative purposes, as well as for the normal commercial activity of the Company.
15.2 Such information will not be disclosed to third parties without the User’s permission. The data controller is the Company. You may at any time request the suspension of such processing, with the exception of that carried out in compliance with legal obligations, by forwarding your request to the Website Email Address.
16. CHANGE IN T&C
16.2 Changes to the T&C and/or the relevant Services shall be effective from the time of publication on the Website and shall apply only to sales concluded thereafter.
16.3 Changes and updates will be deemed to have been accepted by Users by connecting to or using the Website after the change has been posted on the Website.
16.4 If the User does not agree with the changes made, the User is requested not to use the Website and to withdraw from the active Services.
17. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
17.1 The relationships between the Parties are regulated by Italian law and must be interpreted in compliance with the same.
17.2 In case of disputes, the exclusive place of jurisdiction is the Company’s administrative headquarters.