The offer and sale of products made on the website are governed by these Terms and Conditions. The Customer is requested to read carefully these terms and conditions of sale. The submission of the Purchase Order constitutes full knowledge and express acceptance of these General Conditions of Sale. The customer is obliged, once the purchase process online has been carried on, to print and keep these Terms and Conditions of Sale, already inspected and accepted. The process of selling through the site was built in compliance with the rules on distance selling and in particular Articles 50 and following of the Consumer Code Italian Legislative Decree no. 206 of 6 September 2005.
These Terms and Conditions of Sale for the sale of products made online via e-commerce service on the site www.minimoda-online.com
a) The products are sold directly by Minimoda by Bruno Leo Bardazzi & C. S.A.S. Registered Office in Prato (PO), Via S. Trinita 41, 59100, Italy, Fiscal Code / VAT 05314471003. firstname.lastname@example.org, Phone: 0574400606
b) The products are sold to the customer identified by the data entered at the time of compilation and transmission of the order in electronic format with simultaneous acceptance of these Terms and Conditions.
c) The product offerings on the website are directed solely to Customer over the age of 18. Minors in order to purchase on the site must first have the consent of a parent or guardian. Realizing an order through this website, you warrant that you are of legal age and have the legal capacity to enter into binding contracts.
d) The Customer is prohibited from entering false and / or invented and / or fantasy, the procedure Order online and any further communications. The Seller reserves the right to prosecute any violation or abuse, for the protection of costumers.
e) By agreeing to these Conditions of Sale, in addition, the Client releases the seller from any liability arising from incorrect tax records due to errors related to data provided at the time of the Order online, the customer being the only responsible for their correct insertion.
3) Sale through e-commerce service
a) To contract for the sale online we mean a distant contract concerning the sale of goods entered into between the Customer and Minimoda, as the Seller, as part of a e-commerce service organized by the Seller, for that purpose, using the technology of distance communication on Internet.
b) To conclude the purchase of one or more products, the customer must fill out an order form to be sent in electronic format to the Seller through Internet following the relevant instructions.
c) The Order includes the following: a reference to these Terms and Conditions of Sale, information and pictures of each product and its price, the means of payment used, the method of delivery of products purchased and the cost of shipment and delivery, a reference to the conditions for exercising the right of withdrawal, in the manner and timing for the return of products purchased.
d) The Seller shall not be liable for any inappropriate graphical representations of the products shown on the site, if due to the customers technical reasons. Such representations are merely for illustrative purposes. Minimoda constantly take measures to ensure that the photographs displayed on the Site are faithful reproductions of original products, including the adoption of any technological solution possible to minimize inaccuracies. The photos are not part of the contractual field. The Customer is aware that that the photograph of the product that appears on the website is only an indicative value. Alterations may in fact appear depending on the device on which the picture is displayed itself.
e) Before concluding the contract, the customer will be asked to confirm that he has read the Terms and Conditions including the Information on right of withdrawal and treatment of personal data.
f) The language to conclude the contract with the Seller is Italian and the applicable law is the Italian one.
g) Once the contract is set, the Seller will take over the Order for his evasion.
4) Order process.
a) By submitting the order via Internet, the Customer unconditionally accepts and agrees to comply, in its relations with the Seller, these Terms of Sale. Each order requires the adhesion without restriction or reservation to the present general conditions of sale.
b) After the contract, the Seller will send to the Customer, via e-mail, a confirmation of the order, containing a summary of the information contained in the order.
c) It is still possible, for the Seller, before you send the order confirmation, to ask you by e-mail or phone specified by the custome other information regarding the order through Internet.
d) The Seller shall not process purchase orders that do not give sufficient guarantees of solvency or which are incomplete or incorrect, or in the event of unavailability of products. In these cases we will inform the customer by e-mail that the contract is not concluded and that the Seller has not followed the order specifying the reasons. In this case the sum previously committed to the means of payment of the customer will be disengaged.
e) Where the products presented on the website are no longer available for sale after the sending of the order, the Seller will inform you promptly and in any case within thirty (30) working days from the day in which the customer will have sent the order to the Seller, the unavailability of the Products ordered. In this case the sum previously committed to the means of payment of the customer will be disengaged.
f) Each sale made by the Seller through the online sales service can include one or more products, with no quantity limit for each item.
g) The Seller reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases where it is deemed unsuitable for the customer, including, without limitation, in the case of previous violations of the conditions of contract for purchase online on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activity of any kind.
h) The products on the website are only sold in detail and to the final consumers. Any order that manifestly does not correspond to an order in detail and, more generally, any order seen as fraudulent, will be considered null and void.
5) Sales prices
a) Unless otherwise specified, all prices for the Products and the shipping costs and delivery times indicated on the website and are believed to be in the order including VAT and in Euro. The validity of the prices is always the one indicated on the website at the time the order is placed. The prices of the Products and the shipping costs and delivery times may vary without notice.
b) All products are shipped directly from Italy. The prices of the Products and the shipping costs and delivery times indicated on the website and in the Order, unless otherwise specified, are to be considered without any costs related to customs duties and taxes if the shipment takes place in non-EU countries or in countries where the legislation in place provides import charges. These costs are then charged to the customer and must be paid directly at the time of delivery of the Products in accordance with instructions specified in the Order Confirmation.
c) Only available products can be ordered with the exception of the promotional offer of a certain duration. In this case, the consumer must pay attention to the time limits of validity of the offer.
6) Payment methods
The payment of the price of the Products and the shipping and delivery can be made in the manner specified in the order form on the site and are summarized below.
a.1) Bank transfer:
for order online on our website we accept payment by bank transfer. Payment must be made no later than 5 working days following the confirmation of order, otherwise the contract shall be considered automatically terminated and ineffective and the customer will receive an e-mail to cancel the Order. The products will be shipped only after the receipt of the payment amount on your account. The purpose of the transfer must provide the following information: name and surname of the person making the order, order number, order date.
a.2) Credit cards and prepaid cards.
To place an online order on our website we accept payment by credit card with pre-paid cards (eg, PostePay) without any additional burden on the cost of the product and shipping. It is understood that the customer must be the holder of a credit card valid at the time of the order of the Products purchased online and reported that the name on the credit card must be the same as indicated on the billing information. In the absence of such assumptions it will not be possible to proceed with the order.
When buying online, simultaneously with the confirmation of the order, the bank of reference will carry out only the amount of the order on the availability of this credit card of the customer. The amount will be charged on your credit card only upon shipment of the products purchased. If, after receiving the parcel with your order for any reason the Customer wishes to exercise the right of withdrawal, following payment of the Products purchased online, the Seller will instruct bank to credit the amount to be repaid directly to the credit card of the customer.
If the customer has a Paypal account, the Seller has the opportunity to make payments directly using email and password with which the customer has registered at www.paypal.com.
At no time during the purchase process the seller is able to know the information about the customer's credit card, transmitted via a secure connection to be encrypted protocol directly to the site of the entity that manages the electronic payment (bank or Paypal). No archive of the Seller retain such information. The Seller shall never be responsible for any fraudulent use of credit cards and pre-paid by others.
If you make a cash payment, the final acceptance by the customer implies a commitment to receive and pay for the items.
7) Shipping and delivery of products
Each shipment contains the ordered products, the relevant transport document, any accompanying documentation required according to the country of shipment, any material information and marketing.
The purchased products will be delivered by courier identified by the Seller to the shipping address indicated by the customer on the order with insured shipping.
In the event that there was no one at the time of the first delivery, the courier will leave a note in passing. This leaflet tells you when the courier is past and states that try again to pass in the next 24 hours. If the second time there will be nobody in the house, the order will be returned to Minimoda and any additional costs of storage will be counted in charge to the buyer.
Upon receipt of the products at home, ask the customer to verify the integrity of packages upon delivery by the courier. In case of malfunctions, the customer will have to detect and record exactly the same on the courier company and refuse the delivery. Otherwise the customer will lose the ability to assert rights in this regard.
8) Right to withdrawal
a) The return may be made within 15 working days after having received the package.
b) Minimoda refunds the entire cost of products returned by the Customer not worn, not used and not damaged and accompanied by relevant tags and / or original labels and the corresponding receipt / invoice.
c) The label of Authenticity must remain attached and the safety cord must be intact.
d) The Customer may exercise the right of withdrawal following the procedure indicated on the page Satisfied or refunded.
e) The returns will be accepted unless authorized by a written confirmation.
f) Refunds will be issued in the same form of payment provided for the purchase.
g) Minimoda will endeavor to promptly refund the Customer within and no later than 30 days from the date of return of the product.
h) The costs of returning the products shall be borne by the customer.
9) Warranty on non-compliant items
The Seller is responsible for any defects of products offered on the website, including the non-compliance of the items to the products ordered, pursuant to the provisions of Italian law. If the Customer has entered into the contract as a consumer (meaning with this definition, any natural person who is acting on the website for any purpose unrelated to any business or professional activity), this warranty is valid, provided that both the following conditions are met : The defect appears within 24 months from the date of delivery of the products, the customer formally claims the defects within a maximum of 2 months from the date on which the defect was recognized by the latter, c) request must be properly sent to email@example.com. In the case of non-compliance, the Customer who has entered into the contract as a consumer will be entitled to obtain correction of the conformity of the products without charge by repair or replacement or to have an appropriate reduction of the price or the contract rescinded with regard to those goods and the consequent return of the price. All costs of returning for defective products will be borne by the Seller.
Phone 0574 400606 - Fax 0574/30973
Minimoda Via S. Trinita 41
59100 – Prato - Italy
11) Notifications to Customers
The Client acknowledges, accepts and gives his consent that all communications, notifications, certificates, information, financial reports and any other documentation regarding operations performed, referring to the purchase of the Products will be sent to the email address indicated in time of registration, with the possibility to download the information on hard disk, with the methods and within the limits provided in the website .
12) Settlement of disputes and jurisdiction.
In the case of disputes arising from this contractual relationship, the parties agree to seek, before any judicial action, a solution dictated by common sense. These General Conditions of Sale are governed by the Italian law and shall be interpreted according to it, without prejudice to any other overriding mandatory rule of the country of habitual residence of the customer.
Consequently, the interpretation, execution and resolution of the General Conditions of Sale are governed exclusively by the Italian law, and any disputes related and / or subsequent to the same shall be resolved exclusively by the Italian courts. In particular, if the customer qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law or, at the choice of the consumer in the event of action taken by the customer, by the Court of Prato. If the Customer acts in the exercise of his corporate, commercial, craft or profession, the parties consensually establish the jurisdiction of the Court of Prato.
13) Edit and update.
The Seller may modify or amend these Terms and Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Conditions of Sale in force at the time of its purchase. The new General Conditions of Sale shall be made from the date of publication on the website and in relation to purchase orders submitted after that date.