Terms and conditions online sale
Mirabella Apparel online sales terms and conditions govern the sales contract between our e-commerce and consumer customers. These online sales terms and conditions define ways of buying, pricing, shipping, payments and right of withdrawal to ensure transparency and security in every transaction.
Terms and conditions
1 Online purchase and sale agreement
An online sales contract refers to a distance contract involving movable goods and/or services stipulated between a supplier: Mirabella snc and a consumer within a distance selling system organized by the supplier. All contracts will be concluded directly through the customer consumer’s access to the website corresponding to the address www.intimomirabella.it, where, following the indicated procedures, they will conclude the contract for the purchase of the asset. A consumer is defined as a natural person who purchases goods and services for purposes not directly related to any professional activity performed. Below are the sales conditions that will remain effective until they are varied by the supplier. Any changes to the sales conditions will be effective from the moment they are published on the website www.intimomirabella.it and will refer to sales made from that moment on.
2. Sale prices and purchasing methods
All the sale prices of the products displayed on the website www.intimomirabella.it constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code. They are inclusive of VAT (according to legal terms); shipping costs are indicated on the appropriate page within the site that the customer should review before confirming the purchase. The purchase contract is finalized through the accurate completion and consent to purchase expressed through the “online” acceptance. The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
The essential characteristics of the products are presented on intimomirabella.it within each product page. However, the images and colors of the products offered for sale on parimbelli.com may not correspond to the actual ones due to the Internet browser and monitor used. All products are equipped with a tag. We ask you not to remove the tag from the purchased products, of which it is an integral part. Mirabella snc, in the case of a possible return, has the right not to accept the return of products that are without their tag, that have been used, or that have been altered in their essential and qualitative characteristics, or that have been damaged.
3. Contract execution and delivery methods
Mirabella snc will deliver the ordered products to customers, with the methods described in the previous article, through GLS couriers. In case of absence of the recipient at the time of delivery, a notice will be left and the customer must personally contact the courier or shipping company as soon as possible to arrange the delivery methods. Delivery times, which will never exceed, in any case, those provided for by Article 6 of Legislative Decree 185/1999 (30 days from order date), may vary from the same day of the order to a maximum of 14 working days, always in the case of products in stock. However, no liability can be attributed to the supplier for delayed or failed delivery attributable to force majeure or fortuitous events
4. Product availability
The customer will be able to purchase the products indicated in the electronic catalog on www.intimomirabella.it. Should an order exceed the quantity available in the warehouse, the computer system will still accept the purchase and inform the buyer whether said product will or will not be available in the future and the expected time for procurement if it exceeds the actual availability.
5 Liability
Mirabella snc assumes no responsibility for service disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the execution of the contract within the agreed timeframes.
Mirabella snc will not be liable to any party for damages, losses and costs suffered as a result of non-performance of the contract due to the above-mentioned causes, with the consumer only being entitled to a refund of the price paid.
Mirabella snc is not responsible for any fraudulent and unlawful use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for purchased products.
Mirabella snc is not able to verify the correct and lawful origin of the credit instrument that is delivered by the customer upon receipt of the goods.
“6. Warranties and customer service methods
Mirabella snc markets products of high quality, for which it offers the warranty provided by the manufacturer of the goods themselves. In any case, the reference regulations and the methods of applying the warranty are those indicated and highlighted by the manufacturer in their certificate, always attached to the product. Mirabella snc provides a customer service telephone number: Mirabella +390364531567
7. Shipping costs
Shipping costs are free
8. Payments
To pay for the price of the products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form. In case of payment by credit card, financial information (for example, the credit/debit card number or its expiration date) will be sent, via encrypted protocol, to NEXI or other banks that provide the related remote electronic payment services, without third parties being able, in any way, to access it. Furthermore, this information will never be used by Mirabella snc except to complete the procedures related to your purchase and to issue related refunds in case of any product returns.
9. Right of withdrawal
You have the right to withdraw from the contract concluded with Mirabella snc, without any penalty, within fourteen (14) working days (including Saturday), starting from the day of receipt of the products purchased on parimbelli.com. As for the receipt of the goods, the delivery confirmation document from the Express Courier used will serve as proof. However, the right of return is only valid at the physical store. It must indeed take place at the physical location of Mirabella snc located at Via Roma 44d 25047 Darfo Boario Terme (Bs). In the case of a defective item, Mirabella snc will refund any amounts already received for the purchase of the products according to the methods and terms provided. The amounts will be refunded in the shortest time possible and, in any case, within thirty (30) days from the date on which the Seller became aware of your exercise of the right of withdrawal. If the methods and terms for exercising your right of withdrawal, as specified in this paragraph, are not respected, you will not be entitled to a refund of the amounts already paid to Mirabella snc; however, you may obtain the products back, at your expense, in the state in which they were returned to the Seller.
10. Refund times and methods
Whatever payment method is used, the refund is activated by the Seller in the shortest time possible and in any case within thirty (30) days from the date on which Mirabella snc became aware of your exercise of the right of withdrawal, subject to verification of the correct execution of your right of withdrawal and acceptance of the returned products. In the case of a defective item, Mirabella snc will indicate GLS courier as the shipping company for the return of products. Through the return form and the subsequent contact from the Seller, all GLS documents will be provided to be able to return the products to the Seller, without personally making the payment of the necessary costs. According to the methods and terms provided for the exercise of the right of withdrawal, this method in fact allows Mirabella snc to make direct payment, on your behalf, of the costs for returning the purchased products, freeing you from any payment obligation to the shipping company. This method also allows you to check, at any time, where each package is located, freeing you from any liability in case of loss or damage to the products during transport.
11. Privacy
Information ex Legislative Decree. 196/2003 – Mirabella snc data controller of personal data freely provided to provide the services indicated. For the rights referred to in art. 7 Legislative Decree 196/2003 and for the list of all data controllers, contact the Data Controller himself, who is the Responsible Director. The data may be processed by sales, marketing, and administrative representatives and may be communicated to related companies for the same purposes as the collection and to external companies for the shipment of products and for the sending of promotional materials. The person responsible for processing data collected in databases for management use is the legal representative who can be contacted at the registered office tel. (+39) 0364531567 for the rights provided for by Legislative Decree 196/2003”.
12. Applicable law and dispute resolution
The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005, on the consumer code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce.
Any dispute relating to the application, execution, interpretation and breach of purchase contracts stipulated “online” through the website www.intimomirabella.it is subject to Italian jurisdiction; these general conditions refer, for matters not expressly provided for therein, to the combined provisions of Legislative Decree No. 50 of January 15, 1992 and Legislative Decree No. 185 of May 22, 1999.
For any dispute between the parties regarding this contract, the competent court shall be the one in whose jurisdiction the consumer has their domicile if located in the territory of the Italian State; for all other customers, it is agreed that any dispute will fall under the jurisdiction of the court of Brescia.
13. Edit and update
The General Conditions of Sale are amended from time to time also in view of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on [email protected]