GENERAL CONDITIONS OF SALE – MASKS –
1.1 These general conditions of sale (“General Conditions“) regulate the sale of Products – as defined below – to both natural persons acting for purposes unrelated to the entrepreneurial, commercial, industrial, craft or professional activity carried out (“Consumers”) and to legal persons and natural persons acting for purposes related to the entrepreneurial, commercial, industrial, craft or professional activity carried out (“Economic Operators”). Consumers and Economic Operators are hereinafter jointly referred to as “Customers”.
The service is only offered in France, Germany, UK, Spain
1.2 Customers take note of the following:
- the website www.progettom360.com (the “Website”) is owned by Miroglio Textile S.r.l., with registered office in Via Santa Margherita 23, 12051 Alba (CN), number of fiscal identification: 03232390041 (“Miroglio Textile“);
- the seller of the Products is Miroglio Fashion S.r.l., with registered office in Via Santa Margherita 23, 12051 Alba (CN), number of fiscal identification: 03232400048 (“Miroglio Fashion“);
- Miroglio Textile and Miroglio Fashion are jointly defined as “Miroglio Group”.
1.3 Sales of Products shall be governed exclusively by these General Conditions.
Miroglio Group may make changes and/or additions to these General Conditions at any time. Such amendments and/or additions will only take effect in relation to purchases made after the date of amendment and/or addition.
1.3. Miroglio Group allows Customers who have registered on the Website and have a personal account to purchase the products on the Website (the “Products“).
1.4. In order to purchase the Products above, the Customer must register on the Website. If the Customer is a Consumer, he/she must be of legal age to register.
The Registration entitles to a personal account (“Account“). The Customer is solely responsible for managing the Account and the information contained therein. Such data will be processed by Miroglio Textile and Miroglio Fashion, as joint controllers of the processing, in accordance with EU Regulation 679/2016 and the applicable legislation on the protection of personal data, as detailed in the information on the processing of personal data (click here Privacy User Registration).
- Miroglio Group may delete or block the Account if it determines that:
- The Customer improperly use the Account for purposes unrelated to the activities of the Website;
- The Customer violates or is about to violate these General Terms and Conditions;
- The Customer engages in conduct that is harmful or potentially harmful to Miroglio Group or third parties or engages in conduct that is not in line with the decorum and reputation of Miroglio Group;
- The information transmitted by the Customer are false or inaccurate.
- METHOD OF CONCLUSION OF THE CONTRACT
2.1. The information and details contained in the reserved area for e-commerce on the Website should not be considered as offers: they simply constitute an invitation to Customers to conclude business through the submission of purchase proposals.
2.2 The proposal for the purchase of the Products is formulated by the Customer at the moment of sending the order form in electronic format that the Customer shall fill in and confirm on the order summary screen. Once the order form has been definitively sent, an order summary page is displayed and an e-mail confirming receipt of the order is sent. The Customer is also entitled to indicate a different shipping address from the one indicated when filling in his personal data.
2.3. By sending the order form, the Customer accepts these General Conditions and, therefore, will be required, among other things, to pay the amount ordered. It is understood that the purchase contract shall be concluded only after the acceptance by Miroglio Group, pursuant to article 2.5 below.
2.4. Miroglio Fashion will issue electronic invoices to Customers qualified as Economic Operators. Consequently, the Economic Operators will have to indicate all the data necessary to issue electronic invoices. As far as Consumers are concerned, they are entitled to request the issue of an invoice by choosing the appropriate option on the order form.
2.5. The purchase contract between the Customer and Miroglio Fashion will be concluded only when the Customer’s purchase proposal, sent via the order form, is accepted by Miroglio Group. In this case, Miroglio Group will send the Customer, to the e-mail address provided by the latter, a confirmation that the purchase order is in progress.
Therefore, all orders are subject to acceptance by Miroglio Group, which reserves the right, at its own unquestionable discretion, not to proceed with any order proposal in the event that:
- the data provided by the Customer when completing the order form are incomplete or incorrect;
- Miroglio Group has reason to believe that the Customer does not meet the requirements or is unable to pay the price of the Products in the manner indicated in article 3.2 below;
- the Customer has previously violated the General Conditions;
- the Products ordered are not available. In this case, Miroglio Group will not be held responsible for variations in the availability of certain Products. If only part of the Products ordered are not available and there are no other causes that may justify the non-acceptance of the order proposal, Miroglio Group will follow up the order proposal limited to the Products available.
In the cases indicated above, Miroglio Group will inform the Customer by e-mail that the order proposal has not been accepted (in whole or in part) specifying the reasons and that, therefore, the contract has not been concluded. In this case, Miroglio Fashion will refund the Customer any sums already paid by the latter.
- REPRESENTATIONS AND WARRANTIES
The Customer declares to be aware of the technical characteristics of the Products and declares that they are suitable for the purposes for which they are purchased.
The Customer irrevocably and unconditionally accepts the Products in the state in which they are and without any reservation and/or guarantee of any kind.
The Customer declares that the Products have been purchased in order to be used only in compliance with the provisions indicated in the labels and the accompanying documentation of the Products (including any instructions and warnings reported or contained in the packaging).
The Customer acknowledges and accepts that, without prejudice to mandatory legal requirements, Miroglio Group does not assume any responsibility in relation to the supply and use made by the Customer of the Products. Consequently, Miroglio Group assumes no liability for any direct and/or indirect and/or consequential damages and/or loss and/or loss of profit and/or loss of business opportunities relating to the supply of the Products.
It is understood that, in any case, any liability of Miroglio Group with reference to the order and/or these General Conditions will be limited to the value of the order placed by the Customer.
- PRICES AND PAYMENT TERMS
5.1. The sale prices of the Products, shipping costs and payment methods are those indicated on the Website and are expressed in Euro.
The sale prices of the Products include VAT but do not include shipping costs, which will be added to the price of the Products.
Miroglio Group reserves the right to change the prices shown on the Website at any time. Under no circumstances, Miroglio Group may be held liable for any price changes.
5.2 The Customer undertakes to pay the price of the Products purchased by the following methods accepted in the payment area of the Website.
- Credit card: payment is allowed by Visa, Mastercard and Maestro credit cards. Payment will be made at the time of order. Credit Card payments are handled directly by Nexi’s secure servers, which, thanks to the use of encrypted protocols, guarantee the security of online transactions. For this reason, Miroglio Group is not aware of the Customer’s credit card details. Credit cards will be subject to verification and authorisation by the card issuer. Miroglio Group will not be liable for any failure to obtain authorisation from the entity in question. Once the contract has been concluded in accordance with Article 2 above, the credit card will be debited definitively;
- Paypal: payment will be made at the time of order. If Miroglio Fashion does not accept the order proposal, the amount will be credited back to the Customer.
- My Bank: Klarna payment allows you to make simple and secure online payments using your bank’s online banking service. Once you have chosen the Klarna payment option, type in the name of your bank and you can then enter your usual online banking access codes and complete the payment.
- DELIVERY OF PRODUCTS
6.1. The Products will be delivered according to the times and methods indicated in the delivery service and reported on the Website. The transport costs for home delivery are to be borne by the Customer and are indicated on the Website before the order confirmation.
Once the shipment has been dispatched, Miroglio Group will send the Customer an e-mail with the instructions on how to monitor the shipment.
In the event of shipment delays resulting from causes beyond Miroglio Group’s control, the Customer will be promptly notified by Miroglio Group customer service.
6.2. The risks relating to the Products pass to the Customer upon delivery of the Products to the Customer or to a third party designated by the Customer.
However, the aforementioned risks are transferred to the Customer at the time of delivery to the carrier if the latter has been chosen by the Customer and this choice has not been proposed by Miroglio Group.
- RETURN FOR DEFECTIVE PRODUCTS. RIGHT OF WITHDRAWAL
7.1. Return for defective Products.
Should the Customer ascertain conformity defects on the Products, he may return them by following the procedure below:
(i) The Customer must send to Miroglio Group an express declaration containing his or her willingness to make the return and the reasons why he or she believes that the Products received are not in conformity with the Products ordered. Miroglio Group provides to the Customer a suitable return procedure on the Website, which can be easily activated by accessing the Customer’s personal area – Order Summary and clicking on the “Request Return” button. In this case, Miroglio Group will provide the Customer with confirmation that the procedure has been activated.
(ii) It is an essential condition for the exercise of the right to return by the Customer that the integrity of the Products to be returned is preserved.
- The Customer must return the Products using the packaging of the order received. Details on how to make a return are available on the Website. Shipping costs will be charged to the Customer. Returned Products must be sent to Miroglio Group in a single shipment.
Miroglio will carefully examine the returned Product (which must have the various washing composition and brand labels) and will communicate whether or not the returned Product has been accepted. In the event of acceptance of the defective Products, Miroglio will refund the sums paid to the Customer.
Returns will only be accepted if:
- The declared defect is actually present on the Product;
- The box contains all pieces (50 masks);
- No more than 20% of the mask packs have been opened, therefore no more than 10 pieces per box of 50 pieces;
- The Product has not been used.
The terms of the warranty of the Products are indicated in the relevant data sheet and in the relevant instructions for use of the Products. Failing this, the terms of the legal guarantee of conformity provided by articles 128-135 of the Legislative Decree no. 206/2005 (Consumer Code) apply.
In the presence of a conformity defect, the Customer has the right, at his choice, to the repair or replacement of the defective Product by the seller, without charge, unless the remedy requested is objectively impossible to satisfy or is excessively onerous for the seller pursuant to Article 130, paragraph 4, of the Legislative Decree no. 206/2005 (Consumer Code). If repair and replacement are impossible or excessively onerous, the Customer will be entitled to a price reduction or to a sum, commensurate with the value of the Products, in exchange for returning the defective Product to Miroglio Group.
7.2. Right of withdrawal.
If the Customer acts as a Consumer, the right to withdraw from the contract is granted, as provided for by Articles 64 – 67 of Legislative Decree no. 206/2005 (Consumer Code). This right is granted only to Consumers, defined as natural persons acting for purposes unrelated to the entrepreneurial, commercial, industrial, craft or professional activity carried out.
In this regard, the Consumer has the right to withdraw without penalty and without specifying the reason, within the term of 14 (fourteen) calendar days from the day of receipt of the Products purchased under these General Conditions.
Withdrawal may be exercised by sending Miroglio Group an express declaration from the Consumer containing his or her intention to withdraw.
The cost of returning the Products shall be borne by the Consumer.
There is no right of withdrawal for Economic Operators.
The right of withdrawal is totally forfeited if the Product has been used or in cases where the returned Product is worn out or is not intact or has suffered damage for reasons other than transport from Miroglio Group to the Consumer, not previously reported. Without limiting the right of withdrawal, upon delivery of the Product, the Consumer, who has reason to believe that the Product has been damaged during transport, must refuse delivery or accept it with express reservation.
The right of withdrawal cannot be partial and must therefore concerns the entire masks box (50 pieces). Consequently, the return of only part of the masks box cannot be accepted.
- TIMES AND METHODS OF REFUND OF RETURNED PRODUCTS
8.1. If the return has been made within the terms and conditions set forth in Article 7 above and the checks on the returned Products have been successfully completed, Miroglio Group will send the Customer, via e-mail, the relevant confirmation of acceptance of the returned Products.
8.2. As a result of the above, Miroglio Group will refund the sums paid by the Customer for the purchase net of any discounts and/or promotions.
The Customer shall only be liable for the decrease in value of the Products resulting from handling them differently from that necessary to assess their characteristics.
The shipping cost is in any case to be borne by the Customer.
If the Customer returns all the items in your order, the cost of the same (net of any discounts) and the delivery costs will be refunded; if the Customer returns part of the Products ordered, the cost of the returned Products (net of any discounts) will be refunded.
Furthermore, from the time of return to the courier indicated by Miroglio Group of the Products purchased, Miroglio Group releases the Customer from any liability in the event of loss or damage of the Products during transport.
Regardless of the method of payment used by the Customer, Miroglio Group will make the refund as quickly as possible and in any case within 14 (fourteen) days from the date on which Miroglio became aware of the Customer’s exercise of the right to return, after verifying that all the necessary requirements for the exercise of the right have been met. The refund will be suspended until receipt of the Products. The refund will be made according to the payment method used at the time of the online purchase.
8.3. If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercise of the right to return, will be made by Miroglio Group, in any case, to the person who made the payment.
- FORCE MAJEURE
Miroglio Group reserves the right, at its sole discretion, to cancel or reduce orders for Products in progress, in addition to the hypothesis set out in article 2.5 above, in case of (i) force majeure and/or (ii) events that may lead to a significant inability to execute orders such as, for example, technical causes or procurement difficulties.
It is understood that, within the limits of the law, Miroglio Group will not be under any obligation to indemnify, compensate or similar in favour of the Customer as a result of such cancellation and/or reduction. Miroglio Group undertakes in all cases to inform the Customer in writing of any reduction or cancellation.
- PROTECTION OF PERSONAL DATA
With regard to all the fulfilments relating to the processing of personal data, please refer to the specific information contained in the Website.
- APPLICABLE LAW AND DISPUTE RESOLUTION
For anything not expressly indicated in these General Conditions, the applicable Italian legislation, in particular to Legislative Decree no. 206/2005 (Consumer Code) with regard to purchases made by Consumers, with specific reference to the legislation on distance contracts, as amended by Legislative Decree no. 21 of 21 February 2014 and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce, shall apply.
For any dispute relating to the validity, interpretation or execution of these General Conditions the territorial jurisdiction is:
- of the court of the place of residence or domicile of the Customer with regard to Consumers;
- of the Court of Asti, Italy with regard to Economic Operators.
In accordance with art. 14 of the Regulation 524/2013, the Client is also informed that in the event of a dispute he may submit a complaint via the ODR platform of the European Union, which can be reached at the following link http://ec.europa.eu/consumers/odr.
The contact details for Miroglio Textile and Miroglio Fashion and for any communication are the following: