Terms of service
The site Miasō is formed by a single computer instance dedicated to the institutional site www.miaso.it, managed by Raffaele Bellotti, Registered Office in Via Costanza Baudana Vaccolini 14, 00153 - Rome and Operational Office in Via Francesco Coletti 27/H, 00191 - Rome, Tel. +39 389.0426481, Imp. Register of RE, C.F. and P.Iva 13796271008, hereinafter only "Miasō" which is also the owner of the rights of use of the domain name miaso.it.
TERMS AND CONDITIONS OF SALE
Miasō's online sales system, which presupposes active intervention on the part of the Customer, has been implemented in full compliance with the regulations on distance selling and in particular with Articles 49 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and subsequent amendments and additions). The use of the process of distance selling described in these general conditions of sale is reserved exclusively for consumers as defined by art. 3 of Legislative Decree no. 206 of September 6, 2005 and only if the products are delivered in the Italian territory (hereinafter referred to for brevity as the "Customer" or the "Customers").
1. Scope of Application.
These general conditions of sale are applicable to all sales of Miasō products, concluded at a distance through the website www.miaso.it. These general terms and conditions of distance sales shall be carefully reviewed by the Customer prior to the completion of the procedure of distance purchase of the aforementioned product. It is understood that placing the purchase order through the site www.miaso.it implies total and absolute knowledge of these general conditions of sale and their full acceptance. The Customer, by placing the purchase order through the site www.miaso.it, unconditionally accepts and undertakes to observe these general conditions of sale, as well as the conditions of payment illustrated below, declaring that he/she has read and accepted all the information provided to him/her. Any exceptions to these general conditions will be effective only if agreed in writing between the parties. These general conditions of sale are to be considered applicable and in force for as long as they are published on the website www.miaso.com. Any changes to these general conditions of sale will be published on the website and the new general conditions of sale will be applicable only to orders placed from the day of their publication.
2. Seller Identification.
Miasō, Headquarters Via Francesco Coletti,27/H - 00191 Rome, Italy.
Tel. +39 389.0426481, info@www.miaso.it, REA: CF and P.IVA 13796271008
3. Product-related information
Information relating to Miasō products susceptible to distance selling through the site www.miaso.it is provided in accordance with the laws in force and, in particular, articles 49 and 51 of the Consumer Code.
4. Product order and conclusion of the contract
The presentation of products on the site constitutes an invitation to offer.
The order can be placed through the website www.miaso.it by selecting any product image presented therein and otherwise following the steps and instructions specified on the website itself. To make any changes and/or corrections to the order, the Customer must follow the relevant instructions contained on the Site.
The amount of a single order may not exceed the sum of € 10,000 in total.
The order will be submitted by clicking the "Buy Now" button and will be stored in Miasō's order custody database for the period of time required by current regulations.
The order will then be considered a contractual proposal to purchase. Upon receipt of the order, Miasō will send the Customer an email containing the order number and information about the products ordered, details of the price of each product, the shipping address as well as the method of payment and indicative delivery times. This email does not constitute acceptance of the Customer's proposed purchase, but only constitutes confirmation of receipt of the order. Upon receipt of the Customer's order Miasō will verify the availability of the products ordered as well as the correctness of the information provided by the Customer.
The sales contract with Miasō will be concluded only with the sending of a separate email of acceptance of the purchase proposal and/or confirmation of the shipment of the ordered products. The shipment of the purchased products after receipt of the amount related to the item(s) purchased by the Customer.
The Customer's order may be refused in the event of an error in the information provided by the Customer, in case of a supervening exhaustion of available products, in case insufficient guarantees of solvency are detected, if the order does not correspond to normal consumption needs (a requirement that applies both in relation to the number of products purchased within a single order and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs), or for reasons of force majeure.
If the order cannot be accepted, Miasō will communicate within 10 days after receipt of the order, the possible inability to process the order itself which will be followed by the immediate release of the amount reserved for payment.
5. Product price
The price of the product published on the site is relative to the individual item, expressed in Euro and inclusive of VAT. Miasō will bear the payment of all taxes, fees and/or shipping costs in Italy and for a number of items not exceeding 3.
6. Terms of payment
Payment by the Customer can be made exclusively by credit card or active PayPal account, Bank Transfer by Iban. The following credit cards are accepted:
Visa/Visa Electron;
The total amount of the order is committed to the Customer's credit card or PayPal account at the time the order is submitted to Miasō (when the Customer selects "Buy Now"), with simultaneous acceptance by Miasō, pursuant to Article 4, and activation of the preparation of the products for shipment. In order to prevent Internet fraud, the payment made through the miaso.it site is handled online by the bank that manages the Customer's credit card, through the tools offered by Cybersource and PayPal. Cybersource, PayPal and their respective subsidiary companies are responsible for storing and automatically processing in a secure environment the information related to each order, including the details of the credit card used.
For payment purposes, the Customer must:
During the purchase, Miasō will store an identification code matched to the Customer's PayPal account, which authorizes its exclusive use related to future purchases, or replacements of goods already purchased, in order not to make it necessary again to enter your PayPal login details.
You may revoke the above authorization at any time by making an express request to: info@www.miaso.it or directly from the Customer's PayPal account. PayPal may require the Customer to re-enter his/her login credentials if there is a suspicion of unauthorized activity related to the use of the PayPal account.
The conclusion of the order procedure shall be considered effectively completed, following the completion of payment transactions, once the Customer is redirected to the page of the website miaso.it bearing the confirmation of acceptance of the order.
In the event that the charge proves impossible due to incorrect typing of data by the Customer or for other technical causes that will be communicated to the Customer by the payment service provider, the Customer will not be able to complete the "Buy Now" procedure; if the Customer decides to leave the payment page in the manner indicated by the service provider, he will be redirected to a page of the site www.miaso.it that will display the inability to complete the order.
8. Shipping, Costs and Delivery of Items
Miasō uses the services of Express Courier for the delivery of items.
Shipping costs are the responsibility of the customer and vary depending on the shipping location. For overseas shipments, the cost is calculated according to the postal laws of the relevant country.
Orders are shipped within 15 working days after receipt of payment, which can be by bank transfer, cash on delivery or money order.
Items are usually delivered in Italy in 15 working days from the date of shipment (17 to 18 working days for Calabria and islands).
Customizable and Made to Measure items require processing and delivery times, estimated at 15 working days from confirmation of payment. Longer lead times are required for overseas deliveries.
We are obliged to decline any responsibility for delays in delivery due to exceptional events not attributable to either Miasō or the carrier entrusted with the shipment.
Duties and Taxes
For shipments abroad, the buyer assumes responsibility for ensuring that Miasō items are legally imported into the destination country.
Orders shipped to non-European Union countries may be subject to import fees, duties, and taxes of the destination country.
The recipient of an international shipment may incur the above taxes, duties, and fees, which are applied once the shipment reaches the destination country.
Any additional customs duties are the responsibility of the recipient.
9. Right of withdrawal
Customer satisfaction is our priority!
If for some reason you decide to return the item, in accordance with the provisions of Article 52 of the Consumer Code, you must give notice within 4 days from the date of receipt by writing an email to info@www.miaso.it , or by registered mail with return receipt to the following address:
Miasō (Mia Sorrentino) - Via Francesco Coletti 27/H - 00191 Rome
You have 14 days from the date of delivery of the item to provide for the subsequent return of the purchased goods, in perfect condition in its original packaging, with the label and any documentation received.
In any case: after the notice of withdrawal you have 14 days to make the return of the product intact, in its original packaging, complete with all its parts to the same address as above. Upon receipt of the item and verification that it is in perfect condition, we will immediately refund the amount paid less shipping, taxes or any customization costs.
Miasō will make the refund using the same means of payment you used for the initial transaction, unless otherwise expressly agreed. To this end, the Customer authorizes Miasō to retain your bank details and payment information for as long as necessary to exercise your right of withdrawal.
Remember that returns can only be shipped from the country in which you received the order. If you shipped from a different country, it will be stopped at customs.
10. Integrity conditions for return
According to the provisions of Article 57 of the Consumer Code, the consumer is liable if the products returned by the Customer are damaged, incomplete, deteriorated and/or used in a manner not in accordance with normal diligence. An item is considered to have been used beyond normal diligence in the case of use beyond what is necessary to establish its nature, characteristics and functioning (e.g., in the case of removal of labels, if the item has been worn and not merely tried on).
It is possible to return an item purchased on miaso.it only if it is in the same condition in which it was received. The Customer must therefore ensure that:
Items must be returned inside in the original packaging, which is considered an integral part of the item.
If the item is returned damaged, incomplete, deteriorated and/or in conditions of use that do not conform to normal diligence, without prejudice to the right of withdrawal, the Customer will be charged the amount corresponding to the decrease in value of the item. In such cases, Miasō will promptly notify you of the damage and non-conformities found upon receipt of the items. The amount charged to the Customer, which in any case may not exceed the price paid for the purchase of the item, will be deducted from the refund due to the Customer.
For any doubt you can contact the number +39 389 0426481
10.1 Items not ordered, damaged or different from the order
Miasō wishes to inform Customers that it subjects its garments and the materials with which they are made to strict quality controls, guaranteeing their marketing in perfect condition. In addition, for greater protection of those making distance purchases, every single garment shipped from the miaso.it website is checked before shipment. The miaso.it site adopts the best photographic standards, so that on the site the rendering of the colors of the garments is as close as possible to how it appears in person being possible variations due to the technical characteristics and color resolution with which the Customer's computer is equipped. Miasō is consequently not responsible for any inadequacy of the photographic representations of the products due to the aforementioned technical reasons. In such cases, the Customer may only return the product within terms of the withdrawal period referred to in Article 9.
In case of receipt of a product other than the one ordered, the Customer may return the product within terms of the withdrawal period referred to in Article 9.
11. Conformity - Warranty
With regard to guarantees of conformity of the purchased product, to the sale of Miasō products regulated by these general conditions the Customer is entitled to the legal guarantees provided by law. Therefore, the articles of the Consumer Code relating to the legal guarantee of conformity of goods are listed:
" Article 129 of the Consumer Code:
1. The seller has the obligation to deliver to the consumer goods in conformity with the contract of sale.
2. Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the labeling; (d) they are also fit for the particular use intended by the consumer and which was brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has also accepted by conclusive facts.
3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect or could not have been unaware of it with ordinary diligence or if the lack of conformity arises from instructions or materials provided by the consumer.
4. The seller shall not be bound by the public statements referred to in subsection (2)(c) when, even in the alternative, he proves that: a) he was not aware of the statement and could not have known of it with ordinary diligence; b) the statement was properly corrected by the time of the conclusion of the contract so as to be cognizable to the consumer; and c) the decision to purchase the consumer goods was not influenced by the statement.
5. The lack of conformity resulting from the imperfect installation of the consumer good shall be equated with the lack of conformity of the good when the installation is included in the contract of sale and was carried out by or under the responsibility of the seller. This equalization also applies where the product, designed to be installed by the consumer, is installed incorrectly by the consumer due to a deficiency in the installation instructions."
" Article 130 of the Consumer Code:
1. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
2. In case of lack of conformity, the consumer shall have the right to the restoration, without cost, of the conformity of the goods by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to an appropriate reduction of the price or termination of the contract, in accordance with paragraphs 7, 8 and 9.
3. The consumer may request, at his or her option, the seller to repair the goods or to replace them, free of charge in either case, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
4. For the purposes of subsection (3), one of the remedies shall be considered excessively onerous if it imposes unreasonable expenses on the seller in comparison with the other, taking into account: a) the value the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; and c) whether the alternative remedy can be pursued without significant inconvenience to the consumer.
5. Repairs or replacements shall be carried out within a reasonable period of time from the request and shall not cause significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased the good.
6. The costs referred to in paragraphs 2 and 3 refer to the costs essential to bring the goods into conformity, especially with reference to the costs made for shipping, labor and materials.
7. The consumer may request, at his or her option, an appropriate reduction in the price or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively burdensome; b) the seller has failed to repair or replace the goods within the reasonable period of time referred to in paragraph 6; c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
8. In determining the amount of reduction or the amount to be returned, the use of the good shall be taken into account.
9. After the complaint of the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects: a) if the consumer has already requested a specific remedy, the seller shall remain obliged to implement it, with the necessary consequences with regard to the commencement of the reasonable period of time referred to in paragraph 6, unless the consumer accepts the proposed alternative remedy; b) if the consumer has not already requested a specific remedy, the consumer shall accept the proposal or reject it by choosing another remedy under this Article.
10. A minor lack of conformity for which it was not possible or excessively burdensome to pursue the remedies of repair or replacement shall not entitle the consumer to terminate the contract. "
" Article 132 of the Consumer Code:
1. The seller shall be liable under Article 130 when the lack of conformity becomes apparent within a period of two years after delivery of the goods.
2. The consumer shall forfeit his rights under Article 130(2) if he fails to report the lack of conformity to the seller within two months from the date he discovered the defect. The complaint need not be made if the seller has acknowledged the existence of the defect or concealed it.
3. Unless proven otherwise, defects in conformity that become apparent within six months after delivery of the goods shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the defect in conformity.
4. An action to enforce defects not maliciously concealed by the seller shall be time-barred, in any case, within twenty-six months from the delivery of the goods; however, the consumer, who is sued for the performance of the contract, may always enforce the rights referred to in Article 130, paragraph 2, provided that the lack of conformity has been reported within two months of discovery and before the expiration of the period referred to in the preceding sentence. "
In the event that the Customer finds any lack of conformity, he/she may initiate the return procedure and request the replacement of the item at Miasō's expense.
In the event of receipt of non-conforming product or a product different from what was ordered The Customer must make the product in question available to Miasō, and the same must bear intact and not removed the numbered warranty seal as placed on the item at the time of quality control prior to shipment.
After receipt of the item, requests for sartorial changes to the purchased garments may be fulfilled by contacting Miasō, via email info@www.miaso.it or by calling +39 389 0426481, whose shipping costs remain the responsibility of the Customer.
12. Complaints - Communications - Information
For any information or complaint, or for any communication regarding these general conditions of sale, orders and/or Miasō products, the Customer may:
Contact Customer Service by filling out the "Contact" form at the link https://www.miaso.it/contact/
Contact Miasō at +39 389 0426481
13. Privacy and data protection provisions.
The collection and processing of data are carried out for the management and execution of present and future purchase orders and in particular for the performance of obligations arising from these General Terms and Conditions of Sale.
A copy of the Privacy Policy can be found at www.miaso.it/privacypolicy
14. Force Majeure
Performance by Miasō may be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents or delays its execution. These shall be considered as such, events beyond Miasō's control, which Miasō could not reasonably expect at the time of the conclusion of the sales contract such as, but without limitation, war, riots, insurrections, strikes, and supply problems of Miasō company attributable to third-party suppliers. The Miasō company will inform the Customer of the occurrence of the unforeseeable event or force majeure within 7 (seven) days from the occurrence of the same. In the event that the suspension of service should extend for a period longer than 15 days, the Customer will have the option to cancel the order placed and will be refunded the amounts already paid.
15. Applicable law and place of jurisdiction
These general conditions of sale are governed by Italian law.
In the event of disputes concerning these general conditions of sale, the Customer is informed of the possibility of recourse to the ODR platform relating to online dispute resolution for consumers pursuant to EU Regulation 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is active at the following web address https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
It is in any case without prejudice to the Customer's right to resort to ordinary channels for the resolution of disputes arising from the interpretation, validity and/or execution, of these general conditions of sale and in this case the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer.
TERMS AND CONDITIONS OF SALE
Miasō's online sales system, which presupposes active intervention on the part of the Customer, has been implemented in full compliance with the regulations on distance selling and in particular with Articles 49 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and subsequent amendments and additions). The use of the process of distance selling described in these general conditions of sale is reserved exclusively for consumers as defined by art. 3 of Legislative Decree no. 206 of September 6, 2005 and only if the products are delivered in the Italian territory (hereinafter referred to for brevity as the "Customer" or the "Customers").
1. Scope of Application.
These general conditions of sale are applicable to all sales of Miasō products, concluded at a distance through the website www.miaso.it. These general terms and conditions of distance sales shall be carefully reviewed by the Customer prior to the completion of the procedure of distance purchase of the aforementioned product. It is understood that placing the purchase order through the site www.miaso.it implies total and absolute knowledge of these general conditions of sale and their full acceptance. The Customer, by placing the purchase order through the site www.miaso.it, unconditionally accepts and undertakes to observe these general conditions of sale, as well as the conditions of payment illustrated below, declaring that he/she has read and accepted all the information provided to him/her. Any exceptions to these general conditions will be effective only if agreed in writing between the parties. These general conditions of sale are to be considered applicable and in force for as long as they are published on the website www.miaso.com. Any changes to these general conditions of sale will be published on the website and the new general conditions of sale will be applicable only to orders placed from the day of their publication.
2. Seller Identification.
Miasō, Headquarters Via Francesco Coletti,27/H - 00191 Rome, Italy.
Tel. +39 389.0426481, info@www.miaso.it, REA: CF and P.IVA 13796271008
3. Product-related information
Information relating to Miasō products susceptible to distance selling through the site www.miaso.it is provided in accordance with the laws in force and, in particular, articles 49 and 51 of the Consumer Code.
4. Product order and conclusion of the contract
The presentation of products on the site constitutes an invitation to offer.
The order can be placed through the website www.miaso.it by selecting any product image presented therein and otherwise following the steps and instructions specified on the website itself. To make any changes and/or corrections to the order, the Customer must follow the relevant instructions contained on the Site.
The amount of a single order may not exceed the sum of € 10,000 in total.
The order will be submitted by clicking the "Buy Now" button and will be stored in Miasō's order custody database for the period of time required by current regulations.
The order will then be considered a contractual proposal to purchase. Upon receipt of the order, Miasō will send the Customer an email containing the order number and information about the products ordered, details of the price of each product, the shipping address as well as the method of payment and indicative delivery times. This email does not constitute acceptance of the Customer's proposed purchase, but only constitutes confirmation of receipt of the order. Upon receipt of the Customer's order Miasō will verify the availability of the products ordered as well as the correctness of the information provided by the Customer.
The sales contract with Miasō will be concluded only with the sending of a separate email of acceptance of the purchase proposal and/or confirmation of the shipment of the ordered products. The shipment of the purchased products after receipt of the amount related to the item(s) purchased by the Customer.
The Customer's order may be refused in the event of an error in the information provided by the Customer, in case of a supervening exhaustion of available products, in case insufficient guarantees of solvency are detected, if the order does not correspond to normal consumption needs (a requirement that applies both in relation to the number of products purchased within a single order and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs), or for reasons of force majeure.
If the order cannot be accepted, Miasō will communicate within 10 days after receipt of the order, the possible inability to process the order itself which will be followed by the immediate release of the amount reserved for payment.
5. Product price
The price of the product published on the site is relative to the individual item, expressed in Euro and inclusive of VAT. Miasō will bear the payment of all taxes, fees and/or shipping costs in Italy and for a number of items not exceeding 3.
6. Terms of payment
Payment by the Customer can be made exclusively by credit card or active PayPal account, Bank Transfer by Iban. The following credit cards are accepted:
Visa/Visa Electron;
The total amount of the order is committed to the Customer's credit card or PayPal account at the time the order is submitted to Miasō (when the Customer selects "Buy Now"), with simultaneous acceptance by Miasō, pursuant to Article 4, and activation of the preparation of the products for shipment. In order to prevent Internet fraud, the payment made through the miaso.it site is handled online by the bank that manages the Customer's credit card, through the tools offered by Cybersource and PayPal. Cybersource, PayPal and their respective subsidiary companies are responsible for storing and automatically processing in a secure environment the information related to each order, including the details of the credit card used.
For payment purposes, the Customer must:
- in case of payment by credit card, confirm through the site www.miaso.it the details of the holder of the credit card used for the purchase; then communicate on the site itself the 16-digit number and expiration date, as well as the relevant security code;
- in the case of payment through a PayPal account, enter the login details in the space provided on the PayPal page to which you will be automatically redirected, and then complete the payment in the manner specified by the service provider.
During the purchase, Miasō will store an identification code matched to the Customer's PayPal account, which authorizes its exclusive use related to future purchases, or replacements of goods already purchased, in order not to make it necessary again to enter your PayPal login details.
You may revoke the above authorization at any time by making an express request to: info@www.miaso.it or directly from the Customer's PayPal account. PayPal may require the Customer to re-enter his/her login credentials if there is a suspicion of unauthorized activity related to the use of the PayPal account.
The conclusion of the order procedure shall be considered effectively completed, following the completion of payment transactions, once the Customer is redirected to the page of the website miaso.it bearing the confirmation of acceptance of the order.
In the event that the charge proves impossible due to incorrect typing of data by the Customer or for other technical causes that will be communicated to the Customer by the payment service provider, the Customer will not be able to complete the "Buy Now" procedure; if the Customer decides to leave the payment page in the manner indicated by the service provider, he will be redirected to a page of the site www.miaso.it that will display the inability to complete the order.
8. Shipping, Costs and Delivery of Items
Miasō uses the services of Express Courier for the delivery of items.
Shipping costs are the responsibility of the customer and vary depending on the shipping location. For overseas shipments, the cost is calculated according to the postal laws of the relevant country.
Orders are shipped within 15 working days after receipt of payment, which can be by bank transfer, cash on delivery or money order.
Items are usually delivered in Italy in 15 working days from the date of shipment (17 to 18 working days for Calabria and islands).
Customizable and Made to Measure items require processing and delivery times, estimated at 15 working days from confirmation of payment. Longer lead times are required for overseas deliveries.
We are obliged to decline any responsibility for delays in delivery due to exceptional events not attributable to either Miasō or the carrier entrusted with the shipment.
Duties and Taxes
For shipments abroad, the buyer assumes responsibility for ensuring that Miasō items are legally imported into the destination country.
Orders shipped to non-European Union countries may be subject to import fees, duties, and taxes of the destination country.
The recipient of an international shipment may incur the above taxes, duties, and fees, which are applied once the shipment reaches the destination country.
Any additional customs duties are the responsibility of the recipient.
9. Right of withdrawal
Customer satisfaction is our priority!
If for some reason you decide to return the item, in accordance with the provisions of Article 52 of the Consumer Code, you must give notice within 4 days from the date of receipt by writing an email to info@www.miaso.it , or by registered mail with return receipt to the following address:
Miasō (Mia Sorrentino) - Via Francesco Coletti 27/H - 00191 Rome
You have 14 days from the date of delivery of the item to provide for the subsequent return of the purchased goods, in perfect condition in its original packaging, with the label and any documentation received.
In any case: after the notice of withdrawal you have 14 days to make the return of the product intact, in its original packaging, complete with all its parts to the same address as above. Upon receipt of the item and verification that it is in perfect condition, we will immediately refund the amount paid less shipping, taxes or any customization costs.
Miasō will make the refund using the same means of payment you used for the initial transaction, unless otherwise expressly agreed. To this end, the Customer authorizes Miasō to retain your bank details and payment information for as long as necessary to exercise your right of withdrawal.
Remember that returns can only be shipped from the country in which you received the order. If you shipped from a different country, it will be stopped at customs.
10. Integrity conditions for return
According to the provisions of Article 57 of the Consumer Code, the consumer is liable if the products returned by the Customer are damaged, incomplete, deteriorated and/or used in a manner not in accordance with normal diligence. An item is considered to have been used beyond normal diligence in the case of use beyond what is necessary to establish its nature, characteristics and functioning (e.g., in the case of removal of labels, if the item has been worn and not merely tried on).
It is possible to return an item purchased on miaso.it only if it is in the same condition in which it was received. The Customer must therefore ensure that:
- the item has not been used or damaged during the try-on;
- the item has not been soiled or has undergone washing;
- the item retains all pendants, labels, the warranty seal placed on the item at the time of quality control, and the original finish;
- the item has not been altered in any way.
Items must be returned inside in the original packaging, which is considered an integral part of the item.
If the item is returned damaged, incomplete, deteriorated and/or in conditions of use that do not conform to normal diligence, without prejudice to the right of withdrawal, the Customer will be charged the amount corresponding to the decrease in value of the item. In such cases, Miasō will promptly notify you of the damage and non-conformities found upon receipt of the items. The amount charged to the Customer, which in any case may not exceed the price paid for the purchase of the item, will be deducted from the refund due to the Customer.
For any doubt you can contact the number +39 389 0426481
10.1 Items not ordered, damaged or different from the order
Miasō wishes to inform Customers that it subjects its garments and the materials with which they are made to strict quality controls, guaranteeing their marketing in perfect condition. In addition, for greater protection of those making distance purchases, every single garment shipped from the miaso.it website is checked before shipment. The miaso.it site adopts the best photographic standards, so that on the site the rendering of the colors of the garments is as close as possible to how it appears in person being possible variations due to the technical characteristics and color resolution with which the Customer's computer is equipped. Miasō is consequently not responsible for any inadequacy of the photographic representations of the products due to the aforementioned technical reasons. In such cases, the Customer may only return the product within terms of the withdrawal period referred to in Article 9.
In case of receipt of a product other than the one ordered, the Customer may return the product within terms of the withdrawal period referred to in Article 9.
11. Conformity - Warranty
With regard to guarantees of conformity of the purchased product, to the sale of Miasō products regulated by these general conditions the Customer is entitled to the legal guarantees provided by law. Therefore, the articles of the Consumer Code relating to the legal guarantee of conformity of goods are listed:
" Article 129 of the Consumer Code:
1. The seller has the obligation to deliver to the consumer goods in conformity with the contract of sale.
2. Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the labeling; (d) they are also fit for the particular use intended by the consumer and which was brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has also accepted by conclusive facts.
3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect or could not have been unaware of it with ordinary diligence or if the lack of conformity arises from instructions or materials provided by the consumer.
4. The seller shall not be bound by the public statements referred to in subsection (2)(c) when, even in the alternative, he proves that: a) he was not aware of the statement and could not have known of it with ordinary diligence; b) the statement was properly corrected by the time of the conclusion of the contract so as to be cognizable to the consumer; and c) the decision to purchase the consumer goods was not influenced by the statement.
5. The lack of conformity resulting from the imperfect installation of the consumer good shall be equated with the lack of conformity of the good when the installation is included in the contract of sale and was carried out by or under the responsibility of the seller. This equalization also applies where the product, designed to be installed by the consumer, is installed incorrectly by the consumer due to a deficiency in the installation instructions."
" Article 130 of the Consumer Code:
1. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
2. In case of lack of conformity, the consumer shall have the right to the restoration, without cost, of the conformity of the goods by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to an appropriate reduction of the price or termination of the contract, in accordance with paragraphs 7, 8 and 9.
3. The consumer may request, at his or her option, the seller to repair the goods or to replace them, free of charge in either case, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
4. For the purposes of subsection (3), one of the remedies shall be considered excessively onerous if it imposes unreasonable expenses on the seller in comparison with the other, taking into account: a) the value the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; and c) whether the alternative remedy can be pursued without significant inconvenience to the consumer.
5. Repairs or replacements shall be carried out within a reasonable period of time from the request and shall not cause significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased the good.
6. The costs referred to in paragraphs 2 and 3 refer to the costs essential to bring the goods into conformity, especially with reference to the costs made for shipping, labor and materials.
7. The consumer may request, at his or her option, an appropriate reduction in the price or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively burdensome; b) the seller has failed to repair or replace the goods within the reasonable period of time referred to in paragraph 6; c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
8. In determining the amount of reduction or the amount to be returned, the use of the good shall be taken into account.
9. After the complaint of the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects: a) if the consumer has already requested a specific remedy, the seller shall remain obliged to implement it, with the necessary consequences with regard to the commencement of the reasonable period of time referred to in paragraph 6, unless the consumer accepts the proposed alternative remedy; b) if the consumer has not already requested a specific remedy, the consumer shall accept the proposal or reject it by choosing another remedy under this Article.
10. A minor lack of conformity for which it was not possible or excessively burdensome to pursue the remedies of repair or replacement shall not entitle the consumer to terminate the contract. "
" Article 132 of the Consumer Code:
1. The seller shall be liable under Article 130 when the lack of conformity becomes apparent within a period of two years after delivery of the goods.
2. The consumer shall forfeit his rights under Article 130(2) if he fails to report the lack of conformity to the seller within two months from the date he discovered the defect. The complaint need not be made if the seller has acknowledged the existence of the defect or concealed it.
3. Unless proven otherwise, defects in conformity that become apparent within six months after delivery of the goods shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the defect in conformity.
4. An action to enforce defects not maliciously concealed by the seller shall be time-barred, in any case, within twenty-six months from the delivery of the goods; however, the consumer, who is sued for the performance of the contract, may always enforce the rights referred to in Article 130, paragraph 2, provided that the lack of conformity has been reported within two months of discovery and before the expiration of the period referred to in the preceding sentence. "
In the event that the Customer finds any lack of conformity, he/she may initiate the return procedure and request the replacement of the item at Miasō's expense.
In the event of receipt of non-conforming product or a product different from what was ordered The Customer must make the product in question available to Miasō, and the same must bear intact and not removed the numbered warranty seal as placed on the item at the time of quality control prior to shipment.
After receipt of the item, requests for sartorial changes to the purchased garments may be fulfilled by contacting Miasō, via email info@www.miaso.it or by calling +39 389 0426481, whose shipping costs remain the responsibility of the Customer.
12. Complaints - Communications - Information
For any information or complaint, or for any communication regarding these general conditions of sale, orders and/or Miasō products, the Customer may:
Contact Customer Service by filling out the "Contact" form at the link https://www.miaso.it/contact/
Contact Miasō at +39 389 0426481
13. Privacy and data protection provisions.
The collection and processing of data are carried out for the management and execution of present and future purchase orders and in particular for the performance of obligations arising from these General Terms and Conditions of Sale.
A copy of the Privacy Policy can be found at www.miaso.it/privacypolicy
14. Force Majeure
Performance by Miasō may be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents or delays its execution. These shall be considered as such, events beyond Miasō's control, which Miasō could not reasonably expect at the time of the conclusion of the sales contract such as, but without limitation, war, riots, insurrections, strikes, and supply problems of Miasō company attributable to third-party suppliers. The Miasō company will inform the Customer of the occurrence of the unforeseeable event or force majeure within 7 (seven) days from the occurrence of the same. In the event that the suspension of service should extend for a period longer than 15 days, the Customer will have the option to cancel the order placed and will be refunded the amounts already paid.
15. Applicable law and place of jurisdiction
These general conditions of sale are governed by Italian law.
In the event of disputes concerning these general conditions of sale, the Customer is informed of the possibility of recourse to the ODR platform relating to online dispute resolution for consumers pursuant to EU Regulation 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is active at the following web address https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
It is in any case without prejudice to the Customer's right to resort to ordinary channels for the resolution of disputes arising from the interpretation, validity and/or execution, of these general conditions of sale and in this case the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer.
