Terms and conditions

 

A. GENERAL TERMS OF CONTRACT

These general terms and conditions have been drafted in accordance with the provisions of the Code of Consumption, Legislative Decree No. 206/2005, as amended, and Legislative Decree No. 70/2003 on information society services Information Society and electronic commerce.

 

SUBJECT OF THE CONTRACT AND PRE-CONTRACTUAL INFORMATION

The object of this contract is the distance sale, for consideration, of goods bought and sold by Mialma Milano di Camilla Giannuzzi s.r.l., P.iva 09785150963, REA registration no. at CCIA Milano MI - 2113326, with registered office in Via Sofocle n. 4 20145 - Milan; tel. 0039-3492397534; e-mail info@mialmamilano.it; pec camillagiannuzzi@pec.it.

In compliance with the normative dictate of the Consumer Code, D.lgs. n. 206/2005 and ss.mm. and D.lgs. 70/2003 on electronic commerce, before the confirmation of sending the purchase order, Mialma Milano provides you, through the individual dedicated web pages, all the information you are entitled to receive about the purchased goods. We inform you that the descriptive images of the products are merely illustrative, as they may not be perfectly representative of their real characteristics, but differ, for example for example, in color and/or size, and this despite the fact that the seller adopts every possible technological solution to minimize inaccuracies.

 

PURCHASE PROCEDURE AND CONTRACT CONCLUSION

The presentation of products on the site constitutes an invitation to bid. The order will be considered as separate contractual purchase proposals addressed to Mialma Milano for each of the products listed therein. In order to purchase products we will ask you to:

1. select the chosen product(s) and add it(s) to the shopping cart. You will be able to choose to purchase one or more goods at the same time;

2. display within the shopping cart page the summary of selected products;

3. enter all mandatory data in accordance with the terms of use;

4. approve these general terms of sale;

5. give consent to the processing of data personal data.

Once you have entered your data, selected the payment method, any additional conditions such as, for example the use of promotional codes where owned and the shipping method, you will be able to proceed, through the use of the "Go to payment" button to send to Mialma Milano the purchase order of the selected products and the payment. Once the payment has been made Mialma Milano will send you an e-mail of"Confirmation of receipt of the order" having the following content:

(a) the order number;

(b) the information and pictures of each product and its price, including shipping costs;

(c) the means of payment used;

(d ) the consignee and place of shipment of the goods;

(e) billing information;

(f) the method of delivery of the purchased product and the related shipping and delivery costs;

(g) a reference to these terms general terms of contract;

(h) a reference to the conditions for exercising the right of withdrawal;

(i ) the contact details of Mialma. Milan.

Once your order has been processed, Mialma Milano will send you an"Order Confirmation" email containing:

(a) the order number;

(b) the price of the product(s) purchased, including the shipping costs;

(c) the recipient and delivery address to which the product will be sent;

(d) the billing;

(e) the link to be able to exercise the right of withdrawal, if you are entitled to do so;

(f) the link to be able to print and file a copy of these terms;

(g) the contact details of Mialma Milano.

The confirmation of the order may concern even a part of the products indicated in the order. The contract will be considered concluded only when We will send you the "Order Confirmation" e-mail. If you do not receive the e-mail of receipt of the order within the term of no. 5 (five) working days from the sending of the order this shall be considered rejected by Mialma Milano. We kindly ask you to promptly notify us of any necessary corrections of Your personal data and/or Your orders at info@mialmamilano.it.

 

ORDER FULFILLMENT, NON-ACCEPTANCE AND CANCELLATION

Mialma Milano undertakes to deliver, by means of carrier chosen by You, the goods You have ordered within maximum 10 (ten) working days from the date of conclusion of the contract. Upon receipt of the consideration, Mialma Milano will proceed to send the products within a maximum of 10 working days commencing:

1. from the receipt of the debit authorization notice from the banking institution in case of payment by credit card;

2. from the information of successful payment in case of payment by means other than credit card. In case of payment by bank transfer in advance, the shipment will be made only once the actual crediting of the amount due has been received. In the event that the products available at the time of the completion of the contract have become subsequently unavailable, Mialma Milano will provide for their shipment within 20 (twenty) working days from the moment in which such product became available again and, in any case, no later than 30 (thirty) days. Mialma Milano will make every effort to meet the delivery terms, if this is not possible You will be notified by e-mail the additional time required to provide you with the good. If in the additional time period it will not be possible to deliver the products to you, you will be entitled to terminate the contract and you will be entitled to a refund of all sums paid.

Mialma Milano may in any case not accept or cancel the order placed in the following cases:

1. the order is incomplete or incorrect;

2. the billing information and data provided by the user is incorrect, incomplete or unverifiable;

3. the product is unavailable or out of stock. In this case Mialma Milano undertakes to notify you within 5 (five) working days from the day after the day on which the order was received the possible unavailability of the products and/or services ordered;

4. payment has not been received or is incomplete;

5. in case of error in the stated price;

6. in the event that you are unable to make delivery To the address provided by You;

7. in case of errors in the texts or other errors or inaccuracies in the information reported on the e-commerce;

8. in case there is an ongoing legal dispute between the consumer and Mialma Milano regarding a previous order, in case of previous violations of the terms of contract for e-commerce purchase or violation of the terms of use of the site.

In all such cases, Mialma Milano will notify you by e-mail, explaining the reasons why why the order has not been followed up. In case payments have been made, these will be refunded within 14 days from the communication of non-acceptance or cancellation of the order.

 

PRICES

The prices for the purchase of the Goods indicated by Mialma Milano both on the website and in the purchase order are expressed in Euro and are inclusive of VAT if due. The only price that will be authentic will be, in any case, only the one indicated at the time the order is sent. Mialma Milano reserves the right to offer products at discounted prices, bringing them together in the special section of the site called "Archive" as well as on the page of the appropriate discounted product.

 

PROMO CODES/DISCOUNT COUPONS

Mialma Milano may issue, at its sole will and initiative, promotional codes/discount coupons, in occasion of specific circumstances (promotional offers/discount codes issuance, etc.) or particular initiatives. The Discount Coupon is a mere mode of payment that gives the holder of the same the right, limited in time, to obtain a reduction in the price due for the purchase of a product on the site. The duration, validity, value and/or any specific conditions for the use of promotional codes/coupons discount will be specified from time to time by Mialma Milano in the coupon through separate communication via e-mail or alternative communication channels. The discount code can only be used by the respective recipient, who is its exclusive owner. This code is therefore not transferable to third parties unless it is communicated via newsletter by Mialma Milano. If you intend to make use of the discount code, you must enter the promotional code during the purchase process in the corresponding box at the time of check-out. Should you encounter any difficulties, you may contact our support service before proceeding with the payment. If the value of the discount code is less than the value of the order, the difference will have to be supplemented with the methods of payment provided on the site, if, on the other hand, it is higher the remaining amount will be considered transformable into a coupon code. Please note that once payment is made, it will no longer be possible to take advantage, for that specific order, of any discount code in your possession. Each discount code must be spent in one lump sum and can be used only for orders subsequent to its issuance. Only one promotional code may be used per order. The Discount Code may not be redeemed for cash in any way. Unless otherwise expressly provided by Mialma Milano, the discount code cannot be applied to items already subject to promotions and/or special offers. If you exercise your right of withdrawal (or cancel your order), You will be refunded the price you have incurred for the purchase of the item including the discount by re-crediting in the manner and terms provided for the normal refund procedure.

 

GIFT CARD

The Gift Card is a virtual gift card of fixed or variable value issued directly by a Mialma Milano and giving the holder of the card a credit of equal value to be redeemed in the purchase of one or more products on the site. The exploitation of the Gift Card is therefore a mere mode of payment. The Gift Card may not be transferred and may be exploited only for the purchase of products on the Site. The amount of the Gift Card must be credited, within 1 (one) year from its issuance, by the same holder on his profile. After the expiration of this period, the remaining credit may no longer be used or refunded in any form. Purchases made through Gift Cards are subject to these general terms and conditions, insofar as they are compatible. The holder of the Gift Card has no right to liquidation of the Gift Card. However, Mialma Milano shall not be held liable for non-receipt or delayed receipt not attributable to it (such as in the case of inaccurate recipient data entry, spam filter applications, etc.).

 

METHOD OF PAYMENT

Payment of the price of the product you intend to purchase, the related shipping and delivery charges may be made through the operator of the payment service chosen by You among those indicated on the order page: when you place your order, your browsing session may be transferred to the site of the manager of the payment service, to which you will then have to provide the data required for payment that will be handled directly by the same. For any information on the processing of Your data, we invite You to consult the privacy policy of the operator you have chosen. At no time during the payment procedure will Mialma Milano be able to know Your payment data. Such information will in fact be transmitted directly to the entity handling the electronic payment through a protected and encrypted connection. Therefore, Mialma Milano can in no way be held responsible for any fraudulent and undue use of data by third parties.

 

SHIPPING AND DELIVERY

The delivery of the products will be made by courier chosen by Mialma Milano, to the address indicated by You in the order. The total cost of shipping will be indicated on the product purchase page before sending of the order and will be summarized in the order confirmation. Shipping to Italy is free of charge for orders exceeding €300.00. Shipments abroad have a cost that varies depending on the country of destination and the customs costs, entirely at Your charge, as well as in relation to the weight and bulk of the products and any ancillary services requested by You (e.g. insurance, delivery times, etc.).

Mialma Milano undertakes to do everything within its possibilities so that the products are delivered by the selected couriers within a maximum of 5 (five) working days from delivery to the carrier if the shipment is made to the Italian territory. Shipping times may be longer in relation to orders to foreign countries. However, Mialma Milano cannot be held responsible for any problems that may arise related to the delivery. You will be notified of the shipment by sending an appropriate e-mail.

We We encourage you, upon receiving the products, to verify that:

(a) the packages being delivered match those ordered;

(b) the integrity of the packaging and the product. If you notice any damage to the packaging or if the number of packages does not correspond to those ordered remind you to act immediately in the following ways, different depending on the problem that has arisen: - in case of slight damage to the packaging or mismatch mismatch of packages promptly report it to us; - in case you detect the presence of major deformations do not accept the delivery and have the courier note the detected deformation before giving us prompt notification. As for the contents of the delivered packages, we inform you that any discrepancies and/or problems inherent in the physical integrity or completeness of the products received must be reported within the next day after delivery, in the manner provided herein. Mialma Milano is responsible for the purchased goods until the moment of shipment, that is, until the goods passes into the possession of the courier: from that moment the courier will be responsible for what has been entrusted to him and any possible claim should therefore be made to the courier itself. In case of non-delivery of the good during the first shipment, the courier will make a second attempt. Should you not be present even in such second step of the courier, the product will be considered "in stock" and once entered in storage all extra charges will be borne solely by You. To release the stock you will need to provide Mialma Milano with the necessary information to make the delivery happen (e.g., correct address, person to whom the item is to be delivered, or missing delivery details).

 

LEGAL GUARANTEE OF THE CONSUMER

We remind you that you are entitled to the legal warranty of conformity, that is, to receive goods that conform to the contract of sale and that in case of purchase of defective products, which malfunction or do not respond to the use declared by Mialma Milano or for which that good is generally intended, you will be entitled, at Your option, to the repair or replacement of the goods by Mialma Milano as seller, without charge, unless the remedy required is impossible or excessively onerous compared to the other. If replacement or repair is not possible you will still be entitled to a price reduction or a refund of the amount paid, against the return of the defective product to Mialma Milano. Remember that this legal warranty lasts for two years from when the good was delivered to you. We suggest that you always keep your proof of purchase.

 

CONSUMER'S RIGHT OF WITHDRAWAL

As a consumer, we inform you that you will have the right to withdraw from the contract concluded with Mialma Milan, without any penalty and without specifying the reason, simply by communicating Your intention to withdraw within the period of fourteen (14) days, commencing from the day you received the email confirmation of the order.

In order to exercise the right of withdrawal you will have to provide us with an explicit declaration and send it to us also by e- mail to info@mialmamilano.it in which it will be sufficient to include: Your personal data, those relating to theorder and the purchase made, the intention to withdraw from the contract with the request to return the price paid within the period of 14 days. In the case of the purchase of multiple products ordered in a single order and delivered separately, the withdrawal period expires after 14 (fourteen) working days from the day on which You or a third party designated by You, other than the carrier, acquires physical possession of the last product . Alternatively, you will be able to use the following formula:

 

"Spettabile Mialma Milano, headquartered in Milan, Via Sofocle, 4, registered in the Milan Register of Companies no. REA registration MI - 2113326, VAT no. 09785150963, e-mail info@mialmamila.it: 

I, the undersigned _________________________(insert first and last name of the consumer who concluded the contract), hereby notify you of my withdrawal from the contract of sale of the following goods (________________), ordered on ______________(insert date of conclusion of the contract) and confirmed on date______________________(insert date of receipt of order confirmation notice). I request a refund of all payments made by me, amounting to _____________________(insert amount paid) by ___________________________(insert payment method used to pay the price).

Date

Consumer Signature"

 

Mialma Milano will refund you the amounts paid no later than 14 days from the day on which it has received the notice of withdrawal. Unless Mialma Milano has offered to collect the goods itself, the latter may withhold the refund until it has received the goods or until you have demonstrated that you have sent the goods back, whichever situation occurs first. The same payment instrument that You used for the purchase, unless both parties agree in writing. If You have already received the product subject to withdrawal, You will be required to send it back at Your expense to Mialma, Via Sofocle, 4 - 20145 Milan, without undue delay and in any case within 14 (fourteen) days from the date on which the withdrawal was communicated. The products must be received by Mialma Milano in the same condition in which they were delivered, provided with the original packaging and packaging, as well as the labels and any attached documentation. Be aware that you will be held responsible for any decrease in the value of the product resulting from handling it other than what is necessary to establish its nature, characteristics and operation.

Should you wish to request a replacement with another product of the same kind but of a different size, you may do so by by sending an e-mail containing:

1. Order number;

2. the size of the product you want to return;

3. the size you want to have in return.

Within 2 (two) business days of receipt of the replacement request, the Mialma Milano will notify you:

((i ) whether the product of the new requested size is available or,

(ii) in case of unavailability, to elect to receive alternatively: a) a coupon code in an amount equal to the price paid, redeemable for other purchases on the site within 1 (one) year after issuance; b ) to wait for the size of the product chosen until it is back in stock or c) replacement with another product of equal value.

If You wish to avail Yourself of the above alternatives You must notify Mialma Milano, within 7 (seven) working days from receipt of the above notice, by returning at Your expense the product to the address of Mialma Milan. Please note that the product must be returned in the same condition in which it was delivered, not damaged, nor used in any way, together with all the accessories contained in the package. Otherwise otherwise, Mialma Milano will not be able to provide a replacement and will return it to you with the cost of shipping at Your expense.

 

JURISDICTION

Any disputes may be settled by the Court of the place where you have your domicile or residence, or by the Court of Milan. The applicable law and competent jurisdiction is the Italian law, subject to the application of mandatory rules for your protection.

 

 

B. CONDITIONS OF USE OF THE WEBSITE WWW.MIALMAMILANO.IT

 Use of the site implies Your full knowledge and express acceptance of the conditions that are herein described. If after reading them you do not intend to accept them, do not continue. If, on the other hand, you need clarification contact us right away, we will be happy to help you.

 

USE OF THE SITE

You may use the site freely and under YOUR total and exclusive responsibility.

You cannot use the site: 1. if you do not enjoy the capacity to act and validly obligate yourself according to the laws in force to which you are subject; 2. if Mialma Milano has disabled your profile for violation of the conditions of Use or due to disputes that have arisen with the same. Mialma Milano reserves the right to pursue legal action for any violation, direct or indirect, of these terms of use. Please be advised that the contents of the site may contain errors or inaccuracies.

 

OBLIGATIONS AND RESPONSIBILITIES OF THE USER

By using the site you commit yourself to:

1. comply with these conditions;

2. not to use the site and its subdomains for illegal, deceptive, discriminatory defamatory purposes or for illegal activities;

3. not to provide personal information false and/or from third parties;

4. do not release Your personal information unless You have attained the age of 16 years or in the absence appropriate authorization from a parent or legal guardian;

5. do not enter master data or e-addresses mail already used;

6. not attempt to tamper with the site in any part, damage it or impair its functioning unless expressly authorized by Mialma Milano;

7. not probe, examine or test any vulnerabilities of the site or any network connected to it, as well as violate its security or authentication;

8. not attempt to upload data, information or programs containing viruses or other harmful or harmful, in violation of the law, including the law on the protection of intellectual property, Mialma Milano or the rights of third parties;

9. not to use the Site for purposes that are unlawful or other than what these conditions;

10. not exploit the site for commercial or professional purposes;

11. not modify, adapt, translate or decode any part of the site;

12. not use robots, spiders, site search/retrieval applications, or other devices to retrieve or index any part of the site or the content posted on the site or to collect information about users for unauthorized purposes;

13. not duplicate, reproduce, publish or disseminate by any means and in any form the Content on the site;

14. not misuse of the Gift Card instrument.

In addition, so that the security of Your data and Your Profile is always guaranteed by using the site You agree to:

1. store and keep the account access password in a safe place and under Your direct control;

2. Do not give, transfer, share, or disclose to third parties the password for access to Your profile;

3. not assign or transfer the profile to third parties;

4. keep Your account and password confidential and monitor access to Your computer and to Your mobile devices;

5. take all necessary precautions to ensure that the password remains secure and confidential;

6. immediately notify Mialma Milano of the theft of their credentials for registration to the site.

In any case, should you encounter any abnormal activity in connection with YOUR account, remember that you should notify us immediately. You also assume sole responsibility in connection with any activity regarding the use of the services offered by Mialma Milano that You use at Your sole risk. In particular, you warrant that any element, data or information entered by You is adequate, correct, up-to-date and free of elements also potentially illegal. It is forbidden, unless expressly authorized in writing, to use any part or section of the site and its contents for directly or indirectly commercial or advertising activities of any kind.

 

INTELLECTUAL PROPERTY IN GENERAL

Every piece of content on our site is the result of an investment of economic and intellectual resources that has allowed us to develop an innovative layout and distinguish ourselves from our competitors. We would therefore like to inform you that any activity (such as, but not limited to, duplication, total and/or partial, publication or dissemination by any means and in all forms) concerning the contents present on the site, except for personal use and within the limits set forth in these conditions, is prohibited unless expressly permitted by Mialma Milano. The website, as well as any content therein, is the exclusive property exclusive of Mialma Milano and is protected, including by laws protecting copyright or industrial law. In any case, even if the contents do not qualify as creative works of authorship (e.g. example in the case of procedures, modes of presentation or exposition of texts) it is prohibited to make any use and, among these, by way of example but not limited to, duplication, total and/or partial reproduction, publication or dissemination by any means and in all forms. Also prohibited are so-called deep hypertext links (or deep links) or with so-called framing techniques designed to prevent recognition of (or to disguise) real authorship of the contents. It is expressly forbidden to use any part of the site and its contents for directly or indirectly professional, commercial or advertising activities of any kind, unless expressly authorized in writing by Mialma Milano.

 

DOMAIN NAMES, NAMES, TRADEMARKS AND DISTINCTIVE SIGNS

"Mialma Milano" "Mialma" and "mialmamilano.it" are names and/or distinctive signs owned by Camilla Giannuzzi Srl together with the logos used in the site or, in any case, on them the latter boasts exclusive rights of exploitation. It is forbidden to use or reproduce in any form or manner these names and/or distinctive signs distinctive signs and logos, unless expressly authorized in writing by Camilla Giannuzzi Srl.

 

INTELLECTUAL PROPERTY ON SOFTWARE

The software underlying the operation of the site is protected by copyright law, other rights attributed by copyright law (related rights, database rights, etc.) and/or other applicable laws.

 

PROFILE LICENSE

If you are a registered user you will have the right to use a Your profile, under a temporary and non transferable by deed between living persons. No further use is permitted that is not expressly provided for in the present conditions. Mialma Milano may, without prior notice or need for authorization and in its sole discretion, suspend, inhibit access to, or impose restrictions on Your profile should it deem it appropriate to protect Your or its interests and, among others, in the following cases: repeated and/or serious violations of the these terms of use or the foregoing general terms and conditions, for security reasons, to fulfill legal obligations or in case of suspicion of illegal activities, in case of publication or dissemination of correspondence with Mialma Milano. If you are a registered user, you have the option to request deletion of Your account at any time.

 

LINKS (LINKS) TO OTHER WEBSITES

The site may contain links to third-party websites. Camilla Giannuzzi Srl disclaims any liability in regarding actions or omissions arising from the use of the information and content of the websites of such third parties, not guaranteeing about the completeness and accuracy of the contents and information provided by them.

 

EXCLUSION AND LIMITATION OF LIABILITY 

Mialma Milano makes no warranties with respect to the site, the goods offered, or its contents. The texts, the information and all content included in or available through the site may contain inaccuracies or errors. In addition, Mialma Milano does not guarantee that the information or data displayed through the site will not be accessible or viewable by unauthorized third parties. Mialma Milano and its contributors will not be responsible under any circumstances for any loss, claim, damage, direct or indirect of any kind or in any way connected with a use of the site that is not in accordance with these conditions of use. To the extent permitted by law, Mialma Milano and/or its suppliers shall not be liable for any direct or indirect (or any other kind) damages - such as damages for loss of use of this site or sites of third parties linked to it - to You and any third parties, arising out of or in any way connected with the use of the site and its contents in connection with the delay or inability to use the site and/or its contents, the provision or failure to provide content, or to any information or content obtained through the site.

Mialma Milano has taken all appropriate security measures in compliance with EU Regulation No. 679/2016 and, for this reason, subject to the limits of the law, it cannot be held responsible also for loss of data (including personal data), accidental diffusion of personal or special data, and any other type of damage occurred as a result of attacks by hackers, hackers, crackers, viruses, etc., nor for interruptions of services and/or damages attributable to force majeure such as the fact of the third party and other events of difficult or impossible prediction that would prevent, in whole or in part, to fulfill in the agreed time or manner the terms of the contract.

 

JURISDICTION AND VENUE

Any dispute arising from these terms of use shall be subject to the jurisdiction of Italy and the applicable law will be the Italian law, without reference to the relative conflicts between different criteria of law. Therefore, by continuing to browse, you accept and submit to the exclusive jurisdiction of the Courts Italy and you expressly waive any objection to any such jurisdiction. The competent court of jurisdiction is identified exclusively, unless mandatory rules of law, in the Court of Milan and any other Forum.