GENERAL CONDITIONS OF SALE AND USE
The general conditions of sale and use set out below (hereinafter referred to as the "General Conditions") apply to all sales ("Services" or individually "Service") supplied by MIASUKI Italia s.r.l., through its domain www.miasuki.com (“Site” or “Web Site”).
The use of the Services is only permitted by a registered user, who has:
a) viewed the Informative notice relating to the processing of personal data;
b) accepted the General Conditions, and given his consent to the processing of his data for purposes connected with the supply of the Service;
c) created a MIASUKI account, as indicated below.
MIASUKI Italia s.r.l. also gives users the following information:
The provider of the Services covered by the General Conditions is:
MIASUKI Italia s.r.l., with registered office in Italy, Milan (MI), via Nino Bixio 7, 20129, registered at the Milan Chamber of Commerce under no. 2008299, VAT reg. no.: 08187000966, tel. no. + 39 02 92969188, fax +39 02 92969133; e-mail address to which communications may be sent: email@example.com
In this document, the company MIASUKI Italia s.r.l. will be indicated by the name “MIASUKI”, which is the distinctive sign with which it conducts its sales activities on the Web Site.
The General Conditions will also be applied to new types of Services, to be provided by MIASUKI in the future, unless otherwise envisaged upon registration or when the new service is first provided.
The user is requested to read the General Conditions carefully, to print a copy and/or save them on a long-lasting medium.
SPECIAL NOTICE FOR THE ATTENTION OF CONSUMERS
Only users who are consumers and individuals of full age can subscribe. The term "Consumers" means physical individuals who access the Site and the Services for purposes not connected with any sales, business or professional activities they may conduct.
1. General provisions and sphere of application
1.1 These General Conditions apply to all sales secured by MIASUKI on the Web Site.
1.2 The General Conditions may be modified at any time. Any modifications and/or new conditions will come into force when they are published in the “Conditions” section on the Web Site. For this purpose, we invite users to access the Web Site on a regular basis and to check that the most up-to-date General Conditions have been published.
1.3 The General Conditions applicable are those in force on the date on which the purchase order is sent, and any modification made after the order has been sent will have no binding effect on the contract of sale to which the order refers.
1.4 These General Conditions do not regulate the sale of products and/or the supply of services by subjects other than MIASUKI, who are accessed on the Site via links, banners or other hypertextual connections. MIASUKI is not in any way responsible for the supply of services and/or the sale of products by these subjects. MIASUKI does not carry out any kind of controls and/or monitoring on Web sites that can be consulted via these links. MIASUKI will not therefore be held liable for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
2. Registration and access to the Web Site
2.2 Registration on the Site is free of charge. To register, the user must complete the registration form, inserting his first name and surname, and giving an e-mail address and password (hereinafter referred to as the “Registration Credentials”). Registration is confirmed by e-mail sent to the address provided by the user.
2.3 The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must notify MIASUKI without delay if the credentials are suspected of being used for improper purposes. The Registration Credentials may be modified by the user at any time by accessing the Site in the section “My Account”.
2.4 The user warrants that the Registration Credentials provided during the site registration procedure are complete, correct and true. All operations carried out, using the Registration Credentials will be treated as being carried out by the user to whom the credentials refer.
2.5 The customer care services and invoicing are provided and carried out exclusively in English and Italian, even though other languages may feature on the Site.
2.6 Each user may register only once. Multiple registrations will be cancelled by MIASUKI.
2.7 In the personal area “My Account” on the Site, the user may view orders that are open, recently dispatched and/or concluded, and can also manage and save personal data and subscribe to the newsletter.
2.8 MIASUKI reserves the right to reject the registration of a user if it has valid grounds. MIASUKI also reserves the right not to accept orders, from wherever they originate, that are anomalous in terms of the quantities of products being purchased or the frequency of the purchases made on the Site.
2.9 The user may cancel his registration on the Site at any time by simply clicking on the link “Unsubscribe” found in the personal area “My Account”, or by sending a mail to the following address firstname.lastname@example.org.
3. Precontractual informative notice
3.1 MIASUKI informs the user of the methods to be adopted to purchase products on the Site:
- the user must fill in an order form in electronic format and transmit it to MIASUKI online, following the instructions that will appear on the Site as each case arises and that accompany the various stages of the purchase;
- before transmitting the order form, the user must read the information relating to the identity of MIASUKI, the characteristics of the item he wishes to purchase, its price, including taxes, transportation expenses and any other additional cost, the right to withdraw from the contract and the languages, apart from Italian, available to stipulate the contract;
- the user may pinpoint and correct any errors in the data entered by following the instructions that will appear on the Site as each case arises and that accompany the various stages of the purchase;
- before sending on the order form, the user must declare that he has accepted the general conditions of sale and authorises MIASUKI to process personal data passed when making the purchase, for purposes connected with the Service;
- MIASUKI will register the order form, after checking that the data relating to the order and payment are correct;
- once the order form has been registered, MIASUKI will send the user an e-mail, to the mail address indicated, confirming the order containing a summary of the General Conditions, the information relating to the characteristics of the product purchased, details of the price, the payment method used, the methods to be adopted to exercise the right of withdrawal, the shipping costs and any additional costs, as well as information on the after-sales service available;
- the contract is concluded when the user receives the mail confirming the order from MIASUKI. We recommend that the e-mail received be kept as proof of purchase or saved on a long-lasting medium;
- the order form will be filed in MIASUKI’s databank for the length of time necessary to process the order and, in any event, as laid down by the law. To access his order form, a user can consult the section “My Account” – “My Orders” on the Site where he will find a list of the orders placed.
4. Purchasing terms and conditions
4.1 All the prices indicated on the Web Site are expressed in local currency and are inclusive of VAT. Shipping costs are borne by MIASUKI, unless the user requests delivery methods or dates differing from those established in the least costly offer put forward by MIASUKI. The total shipping costs are stated separately in the order form prior to dispatch and in the e-mail confirming the order. Excise duties, taxes, expenses and any other customs charges or taxes payable stemming from, or in any event connected with, the import and clearance through customs of products purchased outside the European Union must be paid by the user, who is also responsible for transportation costs from the customs office to his home/domicile charge.
4.2 No charge will be made on the credit card utilised by the user for payment when the order is transmitted.
The card will be debited once the order confirmation has been sent to the user, after (i) it has been verified that the products ordered are available (ii) the data relating to the credit card utilised by the user for payment have been verified; (ii) the bank issuing the user’s credit card has authorised the debit of the total amount due, made up of the purchase price, shipping costs and any other additional cost, as indicated in the order form.
4.3 MIASUKI will process the purchase order after sending the mail confirming the user’s order.
4.4 MIASUKI reserves the right not to accept or in any event not to confirm orders received from users with whom there are on-going disputes or in the circumstances envisaged in art. 5.1.
5.1 The products offered on the Site are available in a limited number. It may arise that the product ordered is no longer available after the purchase order is sent. In the event that the product ordered is not available, the user will be promptly informed by e-mail and the purchase order will not be confirmed. If the product becomes unavailable after payment has already been made, MIASUKI must reimburse the sum paid by the user, and also contributions towards the cost of processing the order and the shipping costs, immediately and, in any event within a period of fourteen days from the day following the date on which the order was sent. Notification of the amount to be reimbursed will be given by e-mail, and the sum will be credited adopting the same payment method as that used for the purchase or any other method agreed with the user. If the consignee indicated in the order does not correspond to the purchaser of the product, the sum must be credited to the original purchaser, that is, the holder of the credit card and the account used for payment. Reimbursement must be made in the same currency as that adopted for the purchase.
6.1 Deliveries are made to the address indicated by the user in the order form.
6.2 Delivery dates are those indicated in the purchase order confirmation. In any event, delivery must be made within thirty days from acceptance of the order, which will be sent to the user by confirmation e-mail.
6.3 In the event that delivery is not made due to incidents of force majeure, MIASUKI will contact the user by e-mail to inform him of the delay in the time schedule.
6.4 Delivery will be considered to be completed when the product is made available to the user at the address specified in the order form.
6.6 If the packaging shows evident signs of being tampered with or altered, the user must not accept delivery and notify Customer Care at MIASUKI promptly by e-mail at the address indicated in the preambles.
7.1 A user who has purchased products through the Web Site is entitled to withdraw from the contract entered into with MIASUKI, without being liable to pay any penalty or without having to give reasons, within fourteen days from the date on which the user, or a third party designated by him who is not the carrier, took physical possession of the goods. If more than one item is purchased in a single order and delivered separately, the term of fourteen days will run from the date on which the user, or a third party designated by him who is not the carrier, took physical possession of the last item consigned.
To exercise the right of withdrawal, the user must inform MIASUKI of his decision to withdraw from the contract by making an express declaration, that may be sent by e-mail to the following address: Via Nino Bixio, 7 - 20129 Milano (MI) Italy, or by fax to the following number: + 39 02 92969133, or by e-mail to the following address: email@example.com. For this purpose, the user may use the withdrawal form found on the Site, accessible by clicking "My Account" section. The user may complete and send the withdrawal-type form online, adopting the methods stated on the Site, or by transmitting it to MIASUKI by post to the following address: Via Nino Bixio, 7 - 20129 Milan (MI) Italy, or by fax to the following number: + 39 02 92969133, or by e-mail to the following address:firstname.lastname@example.org
The user is invited to contact the Customer Care Team that will provide an RMA number, explaining the correct procedure to be adopted to return the goods. The user must insert inside the pack the labels to be used for the return of goods sent by MIASUKI with the product. If the return labels were not sent or have been mislaid, the user must inform the After-sales Assistance Team, which will then provide the necessary information to complete new return labels.
Once notification of withdrawal has been sent to MIASUKI, the user will receive confirmation of receipt of the withdrawal notice by e-mail.
The user must send the goods to the following address:
MIASUKI Italia Srl
Via Nino Bixio, 7
Telephone no. +39 02 92969188
If the user chooses the courier made available by MIASUKI to return the goods, he must hand over the pack to be returned to the courier open and not sealed, unless otherwise indicated in writing by the Costumer Service Team.
The direct costs incurred to return goods, after exercising the right to withdraw from the contract, are borne by MIASUKI, apart from situations in which the user requests delivery methods or dates differing from those established in the least costly offer put forward by MIASUKI.
7.2 MIASUKI undertakes to refund all payments received from the user, including delivery costs, apart from additional costs incurred if the type of delivery chosen differs from the standard method, without undue delay and in any event within fourteen days from receipt of notification from the user of his intention to withdraw from the contract; it is nevertheless understood that MIASUKI may retain the refund until the goods have been received or until the user has demonstrated that the goods have been sent back, whichever occurs earlier.
MIASUKI must make the refund using the same method of payment as that adopted by the user for the purchase, that is, by crediting the credit card used for the payment, unless the user has expressly agreed otherwise. Monies must be refunded in the same currency as the purchasing currency.
In any event, the user will not be liable for any charge whatsoever resulting from the refund.
7.3 If the user withdraws, he must return the goods to MIASUKI within fourteen days from the date on which he notifies the company of his decision to withdraw from the contract. This term will be taken to have been respected if the user ships the goods before the aforementioned period of fourteen days has elapsed.
The user is responsible for a reduction in the value of the products if they are handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods. The user may therefore be held liable for a reduction in the value of the product returned if he has used it in a manner that goes beyond inspection of its qualities and testing to verify whether the item is in good working order. MIASUKI reserves the right to demand that the user reimburse it for any loss in value that may arise.
7.4 The right of withdrawal is excluded in cases in which the products being sold are custom-made or personalised.
The right of withdrawal is also excluded when the price of the product purchased via the Site is lower than € 50.00 or by its nature cannot be reshipped or risks deterioration or rapid alteration, or the item is sealed and cannot be returned for reasons connected with hygiene or health, and was opened after delivery.
Consequently, in such circumstances, the provisions contained in articles 7.1, 7.2, 7.3 will not apply.
8. Warranty covering non-confirming or defective products
8.1 The products offered on the Web Site conform to national and Community legislation.
8.2 All the products sold on the Web Site are covered by a Legal Conformity Warranty, reserved to consumers.
8.3 If the products purchased do not conform to the description published on the Web Site, or if the product is damaged, the user will be entitled to have the product repaired or replaced without any additional charge, provided that this is possible, with regard to the number of items still available for sale and provided that their replacement would not be excessively burdensome to the seller, bearing in mind the value the item would have if it were not defective and the extent of the defect. Alternatively, the user is entitled to terminate the contract or reduce the price, in keeping with the following provisions. Users are in any event invited to contact Customer Care at MIASUKI at the following e-mail address email@example.com, tel + 39 02 92969188, fax + 39 02 92969133 to agree on the best solution to be adopted.
8.4 MIASUKI is liable towards the user for any non-conformity existing when the product is delivered and that is evident within two years from the said delivery. The non-conformity must be reported to the seller within a period of two months from the date on which it was discovered, failing which the warranty will no longer be valid.
8.5 Unless otherwise proven, it is presumed that non-conformity is detected within six months from delivery of the product already existing on that date, unless such a presumption is not compatible with the nature of the product or with the nature of the non-conformity. In order to benefit from the Legal Warranty, the user must therefore supply proof of the date of purchase and the delivery of the goods.
8.6 In the event that the agreement is terminated, MIASUKI must return the price paid by the user, together with the shipping charges and any additional costs.
In any event, notification of the amount to be reimbursed must be given to the user by e-mail and credited, using the method of payment adopted by the user for the purchase.
The user must agree with Customer Service at MIASUKI on the methods to be adopted to ship the goods.
8.7 The warranty does not cover products that have been repaired, modified or in any way altered by the user. Any faults or malfunctions or defects of another type found to be attributable to the user or resulting from a use of the product that does not reflect the purpose for which it was intended and/or the purpose envisaged in the technical documentation attached to the product, when existing, or in the operating instructions accompanying it, are also excluded from the scope of the warranty.
9. Payment methods
9.1 Products purchased on the Web Site must be paid for by credit or debit card. MIASUKI accepts the following credit cards: American Express, MasterCard, Visa, PayPal. The user may also pay by MIASUKI gift card.
10. Obligations and responsibilities
10.1 MIASUKI undertakes to correct any errors made in the description of the products offered on the Web Site, as rapidly as possible, as soon as such errors are reported. Errors can be reported by contacting Customer Care at MIASUKI at the addresses and numbers indicated in the preambles.
11. Suspension of service
11.1 MIASUKI reserves the right to suspend temporarily, without giving any prior notice, the supply of the Services for the period strictly necessary for the technical operations, required and/or recommended in order to improve the quality of those Services, to be carried out.
11.2 MIASUKI may, at any time, interrupt the supply of the Service whenever grounds of safety arise or confidentiality is violated, giving the user notice in such circumstances.
12. Intellectual property rights
12.1 The contents of miasuki.com, for example, the works, images, photographs, dialogues, music, sound and video effects, documents, drawings, figures, logos or any other material, published in any format on the Web Site, including menus, Web pages, graphics, colours, tables, tools, characters and the design of the Web Site, the diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property right vested in MIASUKI. The reproduction, modification, duplication, copying, distribution, sale or in any event the exploitation of the images or contents of the Web Site are not permitted without prior written authority from MIASUKI. The contents of the Web Site may not be used for any commercial and/or advertising purposes.
12.2 Any other distinctive signs that are not owned by MIASUKI but present on the Web Site are registered trademarks of the respective title holders and are used by MIASUKI under licence solely for the purpose of distinguishing, describing and advertising the products on sale on the Web Site.
Any use of the aforementioned distinctive signs that does not comply with legislation, and is thereby unauthorised, is not permitted. No advantage may, under any circumstances, be unduly obtained from the distinctive character or reputation of the distinctive signs found on the Web Site, or in such a way that may prejudice either the signs or their owners.
12.3 The user may not, under any circumstances, alter, change, modify or adapt the Web Site, or the material made available by MIASUKI.
13. Miscellaneous provisions, applicable law and jurisdiction
13.1 The General Conditions are governed by the law of the place in which the user resides.
13.2 Any dispute relating to the General Conditions will be referred to the jurisdiction of the judicial authorities of the place in which the user resides.
13.3 MIASUKI sells, through the Web Site, exclusively to consumers. Should a subject purchase on the Web Site in a professional capacity, failing to respect this purchasing restriction, the General Conditions will be regulated by Italian law and any dispute will be referred to the exclusive jurisdiction of the Court of Milan.