General Conditions of Sale

Mirabello Carrara S.p.A.

Terms and Conditions

 

 

 

Publication date: 30 09 2020

 

 

 

  1. Premise

The offer and sale of products on the website www.mirabellocarrara.it (“Website”) are governed by these contractual terms and conditions of sale (“General Terms and Conditions of Sale”).

These General Terms and Conditions apply exclusively to purchases made on the Website by buyers who qualify as “consumers” under the consumer code. To conclude a contract with Mirabello Carrara S.p.A., the consumer must be 18 (eighteen) years of age or older.

Individuals who do not fall into the category of so-called "consumers" are invited to contact Mirabello Carrara customer service to proceed with any purchases. The Company reserves the right not to fulfill any purchase order placed through the Website if the applicant is not a consumer.

The Buyer is required to carefully read (i) these General Terms and Conditions of Sale, made available by Mirabello Carrara in PDF format on the Website to allow for their storage and reproduction, (ii) the privacy policy, and (iii) all other information on the Website, both before and during the purchase process.

The products purchased on the website are sold directly by MIRABELLO CARRARA S.p.A., with registered office at Via Einstein, 9/11 - 20821 Meda (MB), Share Capital Euro 1,170,000 fully paid up, Companies Register Milan Monza Brianza Lodi n° 06399280152 - VAT Number 02231540960 - R.E.A. MB - 1097484.

 

  1. Definitions

Buyer or Customer: means the consumer - of legal age - pursuant to art. 3 of the Consumer Code

Mirabello Carrara or Company: means Mirabello Carrara S.p.A.

Consumer Code: means Legislative Decree 206/2005  

Privacy Code: means Legislative Decree 196/2003

General Terms and Conditions of Sale: means these contractual conditions governing the offer and sale of products and services on the website by Mirabello Carrara

E-commerce Decree: means Legislative Decree 70/2003

Parties: means, jointly, Mirabello Carrara and the Buyer

Website: means the website www.mirabellocarrara.it  or the subdomain shop.mirabellocarrara.it/ 

 

  1. Purchases

To purchase products on the Website, the Buyer (even if unregistered and, therefore, in "guest" mode) must follow the instructions indicated on the Website, namely:

  • fill in, in electronic format, the relevant "order form", entering:
    • the products to be purchased, identified on the Website, in the so-called "shopping cart";
    • the Buyer's personal data (if in "guest" mode);
    • the delivery location (including the house number);
    • the payment and shipping methods;
  • review the General Terms and Conditions of Sale (including, in particular, the conditions, terms and procedures for the possible exercise of the right of withdrawal) and the privacy policy reported on the Website;
  • send the "order form" to the Company.

Registering on the Website allows the Buyer to manage purchases more easily and quickly and in particular:

  • check the status of their order and view the order history;
  • track shipments;
  • manage their delivery addresses;
  • manage information related to their personal profile;
  • change the status of their eventual newsletter subscription for commercial communications.

In the “order form”, displayed before sending (and, therefore, before the conclusion of the contract), a summary of the main and essential characteristics of each ordered product, a detailed indication of the price (including all applicable taxes), the chosen payment method, the chosen delivery method and any related cost, the shipping location and the estimated delivery time are provided. The information provided in the “order form” constitutes an integral and substantial part of these General Terms and Conditions of Sale and, therefore, is considered fully known and accepted by the Buyer at the time of sending the “order form”.

Sending the "order form" implies acknowledging and accepting the General Terms and Conditions of Sale and, more generally, the information contained in the "order form" itself, as well as acknowledging the privacy policy.  

The purchase (and, therefore, the underlying contract) is concluded upon receipt of the "order form" by the Company, which, as proof of the completed purchase, will send the Buyer an "order confirmation" (with the "order number" indicated) summarizing the purchased products, their prices, the chosen payment method and any related cost, the chosen delivery method and any related cost, the shipping location, and the estimated delivery time, to the email address provided by the Buyer.

An order cannot be modified independently; the Buyer must promptly – and in any case within (and no later than) 60 minutes from the time of submitting the "order form" – contact Customer Service.

The Company reserves the right not to process purchase orders that do not provide sufficient guarantees of solvency, are incomplete or incorrect, or in case of unavailability of products. In these cases, Mirabello Carrara will promptly inform the Buyer – and in any case within 72 working hours of receiving the "order form" – that the Company has not processed the purchase order, specifying the reasons. In such cases, the contract will be considered terminated between the parties, and, if payment has already been made, the Company will refund the amount paid.

 

  1. Payments

Payment is made at the time the "order form" is sent to the Company.

For the payment of the price of the products and the related shipping and delivery costs, the Buyer is required to indicate in the “order form” one of the multiple methods offered. This choice will also be highlighted in the “order confirmation”.

The information provided for this purpose (for example, the credit/debit card number or its expiry date) will be forwarded, if applicable, via encrypted protocol, to the bank that provides the Company with remote electronic payment services, without third parties being able to access it in any way. Furthermore, such information will never be used by the Company except to (i) complete the procedures relating to the purchase; (ii) issue any related refunds; (iii) prevent or report to the police the commission of fraud on the Website.

 

  1. Shipping and delivery of products

The Company performs shipping and delivery, only within the Italian territory, through specialized carriers specifically appointed by Mirabello Carrara.

The Buyer is required to indicate in the "order form", from the available options, the chosen method and the shipping and delivery information for the products. This choice will also be reflected in the "order confirmation". Delivery of the ordered items is understood to be to street level.

The information provided for this purpose (including, for example, the delivery address) will be used solely for the purpose of executing the contract.

All shipments are tracked and, therefore, the Buyer can independently monitor the order fulfillment by connecting to the specific link indicated on the Website, if registered, or in the email, if the purchase was made in "guest" mode.

Upon delivery, the presence of the Buyer or a trusted person is required to check that the packaging is intact and clean and that the products received correspond to the order placed. In case of visible defects, such as incorrect quantities and/or wrong product and/or damaged packaging, Mirabello Carrara invites the Buyer (or their trusted representative) to refuse the package and contact Customer Service immediately.

Notwithstanding the estimated delivery time indicated according to the chosen shipping method (reported both in the "order form" and in the "order confirmation"), products purchased on the Website will, in any case, be delivered within 30 (thirty) days from the conclusion of the contract.

 

  1. Right of withdrawal and refund

Timelines

The Buyer has the right to withdraw from the contract concluded with Mirabello Carrara, without any penalty and without specifying the reason, within fourteen (14) days from the day of receipt (by the Buyer or their trusted representative) of the products purchased on the Website.

Methods

To withdraw from the contract, the buyer can:

  • use the withdrawal form (available on the Website) or
  • draft another explicit statement of the decision to withdraw from the contract

and send it to the Company at the address negozio@mirabellocarrara.it

Once the right of withdrawal has been exercised, the Buyer must return the previously purchased products to the Company – at their own expense – by delivering them to the courier for shipment, within fourteen (14) days from the moment the Buyer communicated to the Company the decision to withdraw from the contract. The deadline is met if the Buyer ships the purchased products before the expiry of the 14-day period.

The Buyer shall promptly provide the Company with all necessary information for managing the return (including: chosen courier, shipping day, and expected delivery day at the Company's offices).

Responsibility

The Buyer is responsible for:

  • any decrease in the value of the returned products resulting from handling other than what is necessary to establish their nature, characteristics, and functioning. The products, in fact, may be inspected but must not be used, washed, or damaged in any way; they must therefore be stored with normal diligence and returned intact, perfectly suitable for their intended use, and free from any signs of wear or dirt, complete in all their parts, accompanied by all accessories and instruction sheets, with identification tags, labels, and disposable seals, where present, still attached to the products and intact and untampered. The products sold on the Website are original and are shipped in their authentic packaging; when returned, the products must be returned as received, in their original packaging, and including any accessories and/or integral parts (e.g., identification tag with disposable seal);
  • the loss or damage of returned products during transport.

Refund

If the right of withdrawal is not exercised in accordance with the timelines described above, Mirabello Carrara will not issue any refund. Consequently, the Buyer has the possibility to (re)obtain the availability of the products in the state in which they were returned to Mirabello Carrara, remaining available for collection (at the Customer's care and expense) at Mirabello Carrara's premises for a period of 30 days, after which the Buyer will be considered to have forfeited all rights.

If the right of withdrawal is exercised respecting the aforementioned conditions (deadlines and integrity of the products), Mirabello Carrara will proceed - without prejudice to the exceptions provided for by current regulations - to refund any sums already collected for the purchase of the products.

However, if the products for which the right of withdrawal has been exercised (within the prescribed times) have suffered a decrease in value resulting from handling other than what is necessary to establish their nature, characteristics, and functioning, the refund amount will be reduced by a sum equal to this decrease in value (up to 100%). By way of example:

  • in case of packaging destruction, only the relevant cost will be charged;
  • in case of absence of an identification tag or disposable seal, where present, the refund will be reduced by 50%;
  • in case of a used product that has been subsequently washed and/or altered, the full amount will be charged (i.e. no refund issued).
  •  

Mirabello Carrara will notify the Buyer - via email - of the outcome of the checks carried out on the exercise of the right of withdrawal and the integrity of the returned products within 5 working days of receiving them, subsequently proceeding, if applicable, with the refund, whether total or partial, or providing the Buyer, in the event that the refund has already been paid in full, with the bank details for the payment of the amount due from the Buyer to Mirabello Carrara due to the decrease in value of the returned products.

Mirabello Carrara issues refunds using the same payment method used by the Buyer for the purchase of the returned products, unless otherwise agreed between the Parties. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment for their purchase, the refund of the sums, in case of exercising the right of withdrawal, will in any case be made to the person who made the payment.

Alternatively, (i) for a partial refund, the Buyer has the option to (re)obtain the availability of the products in the state in which they were returned to Mirabello Carrara. In this case, the right of withdrawal is considered not exercised, and the products will remain available to the Buyer for collection (at the Customer's care and expense) at Mirabello Carrara's premises for a period of 30 days, after which the Customer will be considered to have forfeited all rights; (ii) for a total refund, the Buyer may request a "purchase voucher" of equal value to be used for purchases on the website within 12 months. In this latter case, it is understood that the voucher will be considered fully used even if the expense is for a lower amount.

Exceptions to the right of withdrawal

In accordance with Art. 59 of the Consumer Code, the right of withdrawal is - in particular - excluded in the case of custom-made or personalized products, or sealed goods that are not suitable for return for hygienic reasons or health protection and have been opened after delivery.

 

    Warranty

The Buyer has the right to avail themselves of the legal warranty provided by the Consumer Code, lasting 2 years from the delivery date, for so-called defects of conformity.

This warranty provides, among other things, that the Buyer, under penalty of forfeiture, must notify Mirabello Carrara of any conformity defect found in the purchased product within 2 (two) months of discovery.

A defect of conformity exists when the purchased product:

  • is not suitable for the use for which goods of the same type are ordinarily used;
  • does not conform to the description made by Mirabello Carrara and does not possess the qualities of the good that the Company presented to the Buyer as a sample or model;
  • does not show the usual qualities and performance of a product of the same type that the Buyer can reasonably expect, taking into account the nature of the product and, if applicable, public statements made;
  • is not suitable for the particular use desired by the Buyer and which was brought to Mirabello Carrara's attention at the time of concluding the contract and which the Company accepted.

Therefore, any damage or malfunction caused by accidental events or the Buyer's responsibility (for example, washing not in accordance with the instructions provided by Mirabello Carrara on the product label) or by improper use of the product not in accordance with its intended purpose and/or with what is specified in the technical documentation, if present, attached to the product or otherwise publicly available, are excluded from the scope of the warranty.

Following such a complaint, the Buyer will have the right to request the repair or replacement of the product, without prejudice to other rights provided by the Consumer Code.

 

    Customer Service and Complaints

For any information - including for sending communications, requesting assistance, or submitting complaints - the Buyer can:

  • write to Mirabello Carrara S.p.A. - C/A Customer Service - Via Einstein, 9/11 - 20821 Meda (MB);
  • contact Customer Service using the methods indicated on the Website in the Contacts section or by calling the toll-free number 800 325820 (Monday to Friday - from 9 am to 12 pm and from 2 pm to 5 pm).

 

Please also note that the European Commission provides a platform for alternative extra-judicial dispute resolution, accessible at http://ec.europa.eu/odr .

 

    Privacy

The Buyer's data is processed by Mirabello Carrara in accordance with the provisions of personal data protection legislation, as specified in the privacy policy https://shop.mirabellocarrara.it/privacy-e-cookie-policy

 

    Applicable Law

The General Terms and Conditions of Sale are governed by Italian law and, in particular, by the Consumer Code and the E-commerce Decree.

 

  1. Changes and Updates

These General Conditions of Sale may be amended, also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Website. In any case, individual purchases will be subject to the General Conditions of Sale published on the Website at the time of sending the "order form".