1. Identification of the Seller
The goods covered by these general conditions are offered and available for sale on the Website www.mitarotonda.com. This Site, including the domain name, is owned by Prime Fashion srl, registered with the Milan Chamber of Commerce under no. MI-1966722 of the Companies Register, fiscal code and VAT number no. 07554980966, with legal and operational headquarters in Piazza Libertà 10 - 20056 Trezzo sull’Adda (MI), hereinafter referred to as MITAROTONDA, which is the Site with which it carries out online sales activities.
2. Scope of application
2.1. The present General Conditions of Sale (hereinafter GCS) apply to all sales made on the MITAROTONDA Website. The GCS, can be modified at any time. Any changes and / or new conditions will be effective from the moment they are published in the "General Conditions of Sale" section of the Website. For this reason, users are advised to check the publication of the most updated GCS, it being understood that the applicable GCS are those in force at the date of dispatch of the purchase order.
2.2. These GCS do not regulate the sale of products and / or the provision of services by parties other than MITAROTONDA that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with these parties, it is necessary to verify their Conditions of sale; therefore, MITAROTONDA is not responsible for the supply of services and / or the sale of products by such suppliers. On websites that can be consulted through these links, MITAROTONDA does not perform any checks or monitoring; therefore, MITAROTONDA is not responsible for the contents of such sites nor for any errors, omissions and / or violations of the law by the same.
3. Registration on the Site
3.1. Access to the offers on the Site is reserved exclusively for users who have reached the age of 18 and who expressly declare that they are consumers as defined by art. 3, co. 1, lett. a) of Legislative Decree 206/2005 ("Codice del Consumo") and intend to make the purchase for purposes unrelated to commercial, craft, entrepreneurial or professional activity. Under no circumstances may resellers or wholesalers make purchases on MITAROTONDA and, in general, all those who intend to purchase the products offered for sale on the Site for the purpose of subsequent resale. It is therefore forbidden for these subjects to register on the Site and make purchases on the Site.
3.2. MITAROTONDA reserves the right not to accept orders, whatever their origin, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site.
3.3. To purchase MITAROTONDA offers, it is necessary to create an account and approve the present GCS by selecting the appropriate box on the registration form. Failure to accept the GCS will make it impossible to make purchases on the Site.
3.4. Registration on the Site is free of charge. To register, the user must complete the registration form, entering name, surname, e-mail address and password, and click the "Submit" button on the form. Registration will be confirmed by e-mail to the Buyer.
3.5. Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them. She/he must inform MITAROTONDA without delay in case of suspected misuse and / or disclosure of the same.
3.6. The user guarantees that the personal information provided during the Site registration process is complete and truthful. The user agrees to hold MITAROTONDA exempt from any liability for damages and / or sanctions resulting from the user's violation of the rules of registration on the Site.
4. Conclusion and effectiveness of the contract
4.1. The contract between MITAROTONDA and the Purchaser is concluded subject to acceptance of the GCS, exclusively through the Internet and the Buyer's access to the address www.mitarotonda.com where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods.
4.2. The purchase contract is concluded through the precise compilation by the Purchaser of the order confirmation form and the subsequent sending to the Buyer by MITAROTONDA of the order confirmation, always preceded by the display of a web page with a printable summary of the order, which will list the data of the buyer and the order, the price of the purchased goods, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.3. Upon receipt of the order from the Buyer, MITAROTONDA will send a confirmation e-mail or display a printable web page with confirmation and summary of the order, in which are also reported the data listed under point 4.2.
4.4. In default of what is indicated in the previous point, the contract is not considered completed and effective between the parties.
4.5. Should an order exceed the quantity available from the warehouse, MITAROTONDA will have no obligation to supply the product in question, but will only be obligated to promptly inform the Purchaser of those circumstances.
4.6. Should only a part of the Products indicated in the order be available, MITAROTONDA will contact the Buyer and ask her/him if she/he intends to cancel the order or is willing to receive only the Products that are available; in the latter case the Purchaser will be charged only the amount relating to the Products she/he will receive.
4.7. MITAROTONDA reserves the right to consider whether to accept any request for cancellation of the order received before the shipment of the Products to the Buyer.
5. Product availability
5.1. The offers published on the MITAROTONDA Site may have a limited duration. The validity date of the offers is indicated on the Site and communicated to customers via an e-mail that specifies the start of the sale.
5.2. MITAROTONDA ensures, through the electronic system used, the processing and fulfilment of orders without delay. For this purpose are indicated in real time in the electronic catalog the products available and those not available, as well as the shipping times.
5.3. Should an order exceed the quantity available from the warehouse, MITAROTONDA will let the Buyer know by e-mail if the goods can no longer be ordered, or the waiting times to obtain them, asking if she/he intends to confirm the order or not.
5.4. The order form will be stored in the MITAROTONDA database for the time necessary to fulfil the order and, in any case, in compliance with the provisions of the law. The language available to users for the conclusion of the contract is English.
5.5. MITAROTONDA reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with whom there are pending disputes.
5.6. The products offered on the MITAROTONDA Site are limited in number. It can therefore happen, also due to the possibility that several users are buying the same product at the same time, that the product ordered is no longer available after the transmission of the purchase order. In case of unavailability of the product ordered, the Buyer will be promptly informed by e-mail and the purchase order will be cancelled. If the payment has already been made, MITAROTONDA will reimburse the total amount paid by the user - comprising the purchase price, shipping costs and any other additional costs – immediately and in any case within thirty days from the day after the order has been sent. The refund amount will be communicated via e-mail and credited using the same payment methods as used by the Purchaser for the purchase.
5.7. Possible delays in crediting may depend on the bank, the type of credit card or the method of payment used.
6.1. All sale prices of the products displayed and listed within the MITAROTONDA Site are expressed in euros (€) and constitute an offer to the public pursuant to art.1336 of the Italian civil code. They are also inclusive of VAT and any other tax. Shipping costs and any additional charges, if applicable, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and included in the web page summarizing the order. Prices and total amount of order do not include customs clearance (if applicable), because they depend of destination.
6.2. The price of the products can be changed without notice, it being understood that the price charged to the user will be the one published on the product sheet at the time the order has been sent. The products will remain the property of MITAROTONDA until payment of the purchase price, shipping costs and any other additional costs has been made by the Buyer.
7. Methods of payment and refunds
7.1. Any payment by the Purchaser may only be made using one of the methods indicated on the appropriate page of the MITAROTONDA website.
7.2. Any refund to the Buyer will be quickly credited, using the same payment methods as used by the Buyer for the purchase. In case the right of withdrawal is being used, crediting, as regulated by art. 13.1 of this contract, will take place no later than 10 (ten) days from the date on which MITAROTONDA has been informed of the withdrawal
7.3. Communications relating to payments
7.3.1. Via PayPal, a Luxembourg-based credit institution, duly registered pursuant to Article 2 of the law of 5 April 1993 relating to the financial sector and updated, and subject to the prudential supervision of the competent authority of Luxembourg, the Commission de Surveillance du Secteur Financier. The service provided by PayPal is intended for users registered in the European Union and offers companies and individuals who have an e-mail address the ability to send and receive money in a simple, quick and secure way. PayPal uses the existing financial infrastructures of bank accounts and credit cards to create a payment system on a global basis and in real time. To safeguard financial and personal information, PayPal verifies that the Secure Sockets Layer 3.0 (SSL) cryptographic protocol or the later version is running on the Buyer's browser. This protocol protects the integrity of data during the transfer to the PayPal servers, using a 168 bits long encryption key (the maximum available on the market). The Buyer's personal information is then stored on PayPal's servers and effectively protected, both physically and electronically. To protect the Purchaser's credit card and bank account numbers even more, PayPal does not directly connect to the Internet its servers, which are anyhow protected by firewalls.
During the purchase process, you only need to select "PayPal" from the "payment methods" to be automatically transferred to the PayPal page. If you are already a PayPal customer, you can simply log in with your data and confirm the payment. If you do not have a PayPal account, you can open one and confirm the payment or, alternatively, pay with your credit card without creating an account on PayPal. In case of return of the goods, the amount will be credited to the account used for payment.
7.3.2. By Bank transfer. The Buyer can use the transfer from his bank account as an electronic payment method. The bank details and the order number will be sent via the automatic confirmation e-mail. Please transfer the total amount immediately after placing the order, or no later than 48 hours thereafter, indicating the order number in the reason for payment. Any bank and bank transfer fees will be charged to the customer. MITAROTONDA, having ascertained that their bank account has been credited, will give confirmation to the Buyer stating the start of shipment of the product(s). The amount of any returns will be refunded with payment to the bank account with which the order was paid.
8. Delivery times and methods
8.1. MITAROTONDA will deliver the selected and ordered products using the method chosen by the Buyer or indicated on the Website at the time the goods are on offer, as confirmed in the e-mail referred to in point 4.3.
8.2. Delivery times may vary from the day following the receipt of the order to a maximum of 15 (fifteen) working days after confirmation. In the event that MITAROTONDA is unable to ship within this period, it will promptly notify the Buyer by e-mail. Deliveries are made in European and US territories.
8.3. The delivery times of each product will be specifically indicated during the purchase process and, in any case, before its completion. They will also be indicated on each product page and in the purchase order confirmation. Should a specific delivery term not be indicated, it will always take place within thirty days starting from the day following the dispatch of the order.
8.4. Deliveries will be made by courier from Monday to Friday, excluding national holidays. MITAROTONDA reserves the right to use different delivery methods.
8.5. The delivery is considered completed when the product is made available to the Buyer at the delivery address specified in the order form. Delivery to the floor is not possible.
8.6. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a note confirming the delivery attempt (so-called Transit Notice). The note will indicate the telephone number that the Buyer will have to call to require a second delivery attempt. After two failed delivery attempts, the package will be put in stock. At this point MITAROTONDA will contact the Buyer in order to release the stock and ensure that the package is delivered as soon as possible. If necessary, MITAROTONDA may agree with the Buyer to change the delivery address. Should the delivery attempt following the MITAROTONDA contact fail again, or if the Buyer does not respond to the MITAROTONDA attempt to contact her/him, the package will be returned to MITAROTONDA and the Buyer will be notified accordingly by e- email. The Buyer acknowledges that, after thirty days from the day the package is returned to MITAROTONDA, the contract will be considered terminated and the purchase order cancelled, pursuant to art. 1456 of the Italian civil code.
8.7. Once the contract has been terminated, MITAROTONDA will reimburse the total amount paid by the Purchaser, minus delivery, stock and return costs of the non-delivered product, The termination of the contract and the refund amount will be communicated to the Buyer via e-mail. The refund amount will be credited using the payment method used by the user for the purchase.
8.8. In the event that, before the expiry of the thirty days, the user asks again to receive the purchased product, MITAROTONDA will proceed with the new
9. Limitation of liability
9.1. MITAROTONDA assumes no responsibility for disruptions caused by force majeure (including, by way of example only, natural disasters, terrorist acts, strikes, network malfunctions and / or blackouts) in the event that it is unable to execute the order within the time stipulated in the contract.
9.2. MITAROTONDA cannot be held responsible to the Buyer, except in case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside of its own control or the control of its subcontractors.
9.3. MITAROTONDA will also not be liable for damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to them; the Purchaser will only be entitled to a full refund of the price paid and any additional charges incurred.
9.4. In no case shall the Buyer be held responsible for delays or inconveniences in the payment if she/he proves to have made the payment in the times and methods indicated by MITAROTONDA.
9.5. The images and colours of the products published on the MITAROTONDA site may differ from the real ones, due to the settings of the computer systems and / or the computers used by the users for their display. MITAROTONDA undertakes to correct all the errors present in the description of the products offered on the Site, in the shortest possible time, starting from the reporting of the error. The reporting of these errors can be made by contacting MITAROTONDA by e-mail email@example.com.
10. Liability for defective products
10.1. Pursuant to articles 114 et seq. of the " Codice del Consumo ", the producer of the raw material and / or the manufacturer of the finished product or one of its components are responsible for the damage caused by defects in their product. MITAROTONDA is responsible for the damage caused by defects of the product sold if it fails to communicate to the injured party, within 3 (three) months from the request, the identity and domicile of the producer or of the person who supplied him with the product.
10.2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also offer the possibility to see the product, if it still exists (pursuant to Section 2, article 116 of the " Codice del Consumo ").
10.3. MITAROTONDA cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to a mandatory legal norm or to a binding provision, or if, at the time the manufacturer put the product into circulation, the state of scientific and technical knowledge did not yet make it possible to consider the product to be defective.
10.4. No compensation will be due if the injured party has been aware of the defect in the product and the danger arising from it, and nevertheless voluntarily exposed herself/himself to it.
10.5. In any case the injured party will have to prove the defect, the damage, and the causal connection between defect and damage.
10.6. The injured party may claim compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective product, as long as it is normally intended for private use or consumption and so mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the " Codice del Consumo " will, however, be compensable only for the part that exceeds the sum of three hundred and eighty-seven euros (€ 387).
11. Guarantees and assistance methods
11.1. MITAROTONDA, in accordance with art. 130 of the " Codice del Consumo ", is liable for any lack of conformity that occurs within 2 years from delivery of the goods.
11.2. For the purposes of this contract it is assumed that the consumer goods are in conformity with the contract if, where relevant, the following characteristics coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they comply with the description given by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) they present the quality and usual performance of a product of the same type which the Consumer can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or his agent or representative, in particular in advertising or labelling; d) they are also suitable for the particular use intended by the Consumer and which has been brought to the attention of the Seller by the time of conclusion of the contract, and that the Seller has accepted also as conclusive facts.
11.3. The Buyer forfeits the rights provided for by article 130, paragraph 2 of the " Codice del Consumo " if he does not report to MITAROTONDA the lack of conformity within 2 (two) months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that reveals itself within 6 (six) months from delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or of the lack of conformity.
11.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, at the conditions indicated below, the repair or replacement of the purchased item, a reduction in the purchase price or the termination of this contract, unless the request appears objectively impossible to satisfy or is excessively burdensome for MITAROTONDA, pursuant to art. 130, paragraph 4, of the " Codice del Consumo ".
11.6. The request must be sent in writing, by registered letter with return receipt, to MITAROTONDA, who will convey its willingness to proceed with the request, or the reasons that prevent it from doing so, within 7 (seven) working days from receipt.
In the same communication, MITAROTONDA, if it has accepted the request from the Buyer, must indicate the method of delivery or return of the product, as well as the deadline for the return or replacement of the defective product.
11.7. If the repair and replacement are impossible or excessively burdensome, or MITAROTONDA has not repaired or replaced the goods within the period referred to in the previous point or the replacement or repair previously carried out caused significant inconvenience to the Buyer , she/he may request, at her/his option, a reasonable price reduction or the termination of the contract. In this case, the Buyer must send her/his request to MITAROTONDA, who will indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within 7 (seven) working days from receipt.
In the same communication where MITAROTONDA has accepted the request of the Buyer, it must indicate the proposed reduction of the price or the methods that will be used to return the defective goods. In such cases, it will be the Buyer's responsibility to indicate the method chosen for the crediting of the amounts previously paid to MITAROTONDA.
12. Purchaser's Obligations
12.1. The Buyer undertakes to pay the price of the goods purchased within the time and manner indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract (GCS).
12.3. The information contained in this contract (GCS) has, moreover, already been read and accepted by the Buyer, who acknowledges it, as this step is mandatory before confirming the purchase order.
13. Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the period of 14 calendar days, starting from the day of receipt of the purchased good.
13.2. If the Buyer decides to exercise the right of withdrawal, he must notify MITAROTONDA by e-mail to firstname.lastname@example.org. An example of a return form is available at this link.
13.3. The Buyer must provide, upon notice to the Customer Service of MITAROTONDA and within 14 calendar days from the date of communication of the withdrawal, to the shipment of the product (s) purchased, appropriately protected and packed, if possible, in the original packaging, accompanied by the original card and all the accessories. The Purchaser may use the carrier agreement with MITAROTONDA on a fixed price of 10 Euro, which will be deducted from the refund once the integrity of the product (s) has been verified and the possibility of withdrawal confirmed.
According to art. 57, paragraph II, of the "Codice del consumo”, the substantial integrity of the product to be returned is an essential condition for the exercise of the right to withdraw. Therefore, the products must not have been damaged or altered. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, anyway, in a normal state of preservation.
13.4. The Purchaser cannot exercise this right of withdrawal in case of contracts for the purchase of audiovisual products or sealed computer software which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or rapidly altering, or for supplying newspapers, periodicals and magazines, or goods whose price is linked to fluctuations in the financial market rates that MITAROTONDA is unable to control, and in any other case stipulated in art. 55 of the “Codice del consumo”.
13.5. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to MITAROTONDA, equal to 10 Euro.
13.6. In pursuance of art. 56, fourth paragraph, of the “Codice del consumo”, MITAROTONDA, only after receipt of the product(s) and only after having positively ascertained the compliance with the terms and procedures for exercising the right of withdrawal, as well as the integrity of the products, as specified in point 13.3, will provide free reimbursement of the full amount paid by the Buyer within the term of 14 (fourteen) days from receipt of the notice of withdrawal, net of the return shipping costs as per point 13.5. This deadline may be extended if the order was paid "Cash on delivery", starting from the date of actual receipt of payment, or if the goods have not yet been received in our warehouses. The refund amount will be communicated via e-mail and credited with the same payment method as used by the Buyer for the purchase (except in case of payment "Cash on delivery", which will be refunded by bank transfer).
13.7. Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
14. Causes for resolution
The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of successful payment that the Buyer makes by the means referred to in point 7.1, and also the exact fulfillment of the obligations assumed by MITAROTONDA in point 8, have essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Civil code, without the need for judicial ruling.
16. Method of filling the contract
Pursuant to Regulation (EU) 2016/679, MITAROTONDA informs the Purchaser that every order sent is stored in digital / paper form on the server / at the MITAROTONDA offices according to criteria of confidentiality and security.
17. Communications and complaints
The Buyer may request any information and/or send notices and/or lodge complaints regarding sales, purchase orders, products, payments and shipments, etc. Such communications to MITAROTONDA and any complaints will be valid if sent by e-mail to email@example.com.
Therefore the Buyer indicates in the registration form her/his residence or domicile, the telephone number or the e-mail address to which she/he wishes to be sent the communications from MITAROTONDA. In case of withdrawal notification, please refer to the rules established in point 13.3.
18. Settlement of disputies
18.1. The contracts concluded between users of the Site and MITAROTONDA are governed by the Italian law. In particular, are applicable the provisions referred to in Articles 50 et seq. of the "Codice del consumo".
18.2. The Court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
18.3. Without prejudice, in any case, to the right of the Purchaser to refer the matter to the ordinary judge, in the event of disputes between the Purchaser and MITAROTONDA, the parties may (pursuant to Article 141, paragraph 1 of the "Codice del consumo") initiate procedures for out-of-court settlement electronically for the settlement of consumer disputes. MITAROTONDA guarantees right now, in the event of disruption or controversy between MITAROTONDA and the Purchaser, its participation in a friendly settlement attempt that the Buyer may promote (pursuant to art. 141, paragraph 3 of the "Codice del consumo" ) before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe manner. RisolviOnline aims at resolving quickly and at low cost all commercial disputes involving consumers and/or businesses, with particular reference to those arising from the Internet and electronic commerce. For more information or to send a conciliation request, the Buyer can access to www.risolvionline.com.
18.4. We inform the Buyer who is a European resident that the European Commission has established an online platform that provides an alternative tool for the resolution of disputes. This instrument can be used by the European Buyer to resolve in a non-judicial way any dispute relating to sales contracts for goods and services concluded on the network and or deriving from them. Consequently, if you are a Purchaser established in Europe, you can use this platform to resolve any dispute arising from the online contract entered into on this site. The European ODR platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
19. Final clauses
19.1. This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously concluded between the Parties concerning the subject of this contract.
19.2. MITAROTONDA reserves the right to modify, suspend or terminate the sale on the Site. MITAROTONDA cannot in any way be held responsible to the user or to third parties for such modification, suspension or termination.
19. AICEL Code of Ethics
MITAROTONDA adheres to the ethical code of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.