Terms of service
The Miasō website consists of a single IT instance dedicated to the institutional website www.miaso.it, managed by Mia Sorrentino, Registered office Via Francesco Coletti 27 / H, 00191 - Rome, Tel. +39 389.0426481, Business Register of RE, CF and VAT number 13796271008, hereinafter only "Miasō" which is also the owner of the rights to use the miaso.it domain name.
CONDITIONS OF SALE
Miasō's online sales system, which requires an active intervention by the Customer, was created in full compliance with the legislation on distance selling and in particular with Articles 49 et seq. of the Consumer Code (Legislative Decree No. 206 of 6 September 2005 and subsequent amendments and additions). The use of the distance selling process described in these general conditions of sale is reserved exclusively for consumers as defined by art. 3 of Legislative Decree 206 of 6 September 2005 and only if the products are delivered in the Italian territory (hereinafter referred to as the "Customer" or "Customers" for the sake of brevity).
1. Field of application
These general conditions of sale are applicable to all sales of Miasō products, concluded remotely through the website www.miaso.it. These general conditions of distance selling must be carefully examined by the Customer before completing the remote purchase procedure for the product indicated above. It is understood that the execution of the purchase order through the website 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 website www.miaso.it, unconditionally accepts and undertakes to observe these general conditions of sale, as well as the payment conditions illustrated below, declaring to have read and accepted all the information provided to him. 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 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 site and the new general conditions of sale will be applicable only to orders placed from the day of their publication.
2. Identification of the seller
Miasō, Registered office Via Francesco Coletti, 27 / H - 00191 Rome, Italy.
Tel. +39 389.0426481, email@example.com, REA: CF and VAT number 13796271008
3. Information about the product
Information relating to Miasō products susceptible to distance selling through the website www.miaso.it is provided in compliance with the laws in force and, in particular, with articles 49 and 51 of the Consumer Code.
4. Order of the product and conclusion of the contract
The presentation of the products on the site constitutes an invitation to offer.
The order can be placed through the website www.miaso.it, by selecting any image of the product presented therein and in any case following the steps and instructions specified on the site 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 the single order cannot exceed the sum of € 10,000 in total.
The order will be sent by clicking the "Buy Now" button and will be archived in the Miasō order custody database for the period of time required by current legislation.
The order will therefore be considered a contractual purchase proposal. Upon receipt of the order, Miasō will send the Customer an email containing the order number and information about the products ordered, the price detail of each product, the shipping address as well as the payment methods and the approximate delivery times. This email does not constitute acceptance of the Customer's purchase proposal, but merely constitutes confirmation of having received the order. Upon receipt of the Customer's order, Miasō will check the availability of the products ordered as well as the correctness of the information provided by the Customer.
The sales contract with Miasō will only end with the sending of a separate email accepting the purchase proposal and / or confirming the shipment of the ordered products. The shipment of products purchased after receipt of the amount relating to the item or items 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 the event that the available products have run out, in the event that insufficient guarantees of solvency are found, if the order does not correspond to normal consumption needs (requirement which is applied both in relation to the number of products purchased within a single order both 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. following receipt of the order, the possible impossibility of processing 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 refers to the single item, expressed in Euro and inclusive of VAT. Miasō will take care of the payment of all taxes, duties, charges and / or shipping costs in Italy and for a number of items not exceeding 3.
6. Terms of payment
The payment by the Customer can only be made by credit card or active PayPal account, bank transfer via 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 sent to Miasō (when the Customer selects "Buy now"), with simultaneous acceptance by Miasō, pursuant to of the art. 4, and activation of the preparation of products for shipment. In order to prevent fraud on the Internet, the payment made through the miaso.it site is managed online by the bank that manages the Customer's credit card, through the tools offered by Cybersource and PayPal. Cybersource, PayPal and their respective subsidiaries are responsible for the storage and automatic processing in a protected environment of the information relating 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 the data of the credit card holder used for the purchase through the website www.miaso.it; then communicate on the site itself the 16-digit number and expiration date, as well as the relative security code;
in the case of payment via PayPal account, enter the access details in the appropriate space on the PayPal page to which it will be automatically redirected, and then complete the payment in the manner indicated by the service provider.
During the purchase, Miasō will memorize an identification code linked to the Customer's PayPal account, which authorizes its exclusive use linked to future purchases, or replacements of goods already purchased, in order not to make it necessary to enter their data again. access to PayPal.
You can revoke the above authorization at any time by making an express request to the address: firstname.lastname@example.org or directly from the Customer's PayPal account. PayPal may require the Customer to re-enter their login credentials, if there is a suspicion of unauthorized activity related to the use of the PayPal account.
The conclusion of the order procedure will be considered effective, following the completion of the payment operations, once the Customer is redirected to the miaso.it website page confirming the acceptance of the order.
In the event that the charge proves impossible due to incorrect data entry by the Customer or for other technical reasons 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 according to the methods indicated by the service provider, he will be redirected to a page on the website www.miaso.it which will display the impossibility of completing the order.
8. Shipping, costs and delivery of the items
For the delivery of items Miasō makes use of the express courier services.
Shipping costs are charged to the customer and vary according to the shipping location. For shipments abroad, the cost is calculated based on the postal laws of the country of reference.
Orders are shipped within 3 working days from the moment of receipt of payment, which can be done by bank transfer, cash on delivery or postal order.
The items are normally delivered in Italy between 2 and 4 working days from the date of shipment (3 to 7 working days for Calabria and the islands).
Customizable and Made-to-Measure items require longer processing and delivery times, estimated between 10 and 14 working days from confirmation of payment. Longer times are required for deliveries abroad.
We are forced to decline any responsibility for delays in delivery due to exceptional events not attributable to Miasō or to the carrier to which the shipment is entrusted.
Duties and Taxes
For shipments abroad, the buyer assumes responsibility to ensure that Miasō items are legally imported into the destination country.
Orders shipped to countries outside the European Union may be subject to import taxes, duties and taxes of the destination country.
The recipient of an international shipment may incur the above taxes, duties and taxes, which apply once the shipment reaches the destination country.
Any additional customs duties are to be paid by the recipient.
9. Right of withdrawal
Customer satisfaction is our priority!
If for some reason you decide to return the item, according to the provisions of article 52 of the Consumer Code, you must notify it within 4 days from the date of receipt by writing an email to email@example.com, or by registered letter with acknowledgment of 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 arrange for the subsequent return of the purchased goods, in perfect condition in their original packaging, with the label and any documentation received.
In any case: after the notice of withdrawal you have 14 days to return the product intact, in the original packaging, complete with all its parts to the same address as above. After receiving the item and verifying its perfect condition, we will immediately refund the amount paid, net of shipping costs, taxes or any customization costs.
Miasō will make the refund using the same payment method you used for the initial transaction, unless otherwise agreed. To this end, the Customer authorizes Miasō to keep the bank details and payment data for the time necessary to exercise the right of withdrawal.
Remember that the return can only be shipped from the country where you received the order. If you have shipped from a different country, it will be blocked at customs.
10. Return integrity conditions
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 that does not comply with normal diligence. An asset is considered to be used beyond normal diligence in the case of use beyond what is necessary to establish its nature, characteristics and functioning (e.g. in case of removal of the labels, if the garment has been worn and not just tried on ).
It is possible to return an item purchased on miaso.it only if in the same condition in which it was received. The Customer must therefore ensure that:
the item has not been used or suffered damage during the test;
the item has not been soiled or has undergone washing;
the item retains all the pendants, labels, the guarantee seal placed on the garment at the time of quality control and the original finishes;
the article has not undergone any changes of any kind.
The items must be returned inside in the original packaging, which is considered an integral part of the article.
In the event of the return of the damaged, incomplete, deteriorated and / or in conditions of use that do not comply with normal diligence, without prejudice to the right of withdrawal, the Customer will be charged the amount corresponding to the decrease in the value of the asset. In such cases, Miasō will promptly notify you of the damages and non-conformities found upon receipt of the items. The amount charged to the Customer, which in any case cannot be higher than 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 packaged to strict quality controls, guaranteeing their marketing in perfect conditions. In addition, for greater protection of those who make remote purchases, every single item sent from the miaso.it site is checked before shipping. The miaso.it site adopts the best photographic standards, so that on the site the color rendering of the garments is as close to how it appears live being possible variations due to the technical characteristics and color resolution of the Customer's computer. . 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 the terms of the withdrawal period referred to in art. 9.
In case of receipt of a product other than the one ordered, the Customer can return the product within the terms of the withdrawal period referred to in art. 9.
11. Compliance - Warranty
With regard to the guarantees of conformity of the purchased product, the customer is entitled to the legal guarantees provided for by law when the sale of Miasō products regulated by these general conditions is concerned. The articles of the Consumer Code relating to the legal guarantee of conformity of the goods are then reported:
"Article 129 of the Consumer Code:
1. The seller is obliged to deliver goods to the consumer that comply with the sales contract.
2. Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for 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 ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.
4. The seller is not bound by the public declarations referred to in paragraph 2, letter c), when, also alternatively, he demonstrates that: a) he was not aware of the declaration and could not know it with ordinary diligence; b) the declaration has been adequately corrected by the time of the conclusion of the contract in order to be known to the consumer; c) the decision to purchase the consumer good was not influenced by the declaration.
5. The lack of conformity resulting from the imperfect installation of the consumer good is equated to the lack of conformity of the good when the installation is included in the sales contract and was carried out by the seller or under his responsibility. This equation also applies if the product, designed to be installed by the consumer, is installed by the consumer incorrectly due to a lack of 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 the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to an adequate reduction in the price or termination of the contract, in accordance with paragraphs 7, 8 and 9.
3. The consumer can ask the seller, at his choice, to repair the goods or replace it, without charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
4. For the purposes referred to in paragraph 3, one of the remedies is to be considered excessively burdensome if it imposes unreasonable costs on the seller compared to the other, taking into account: a) the value that the asset would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
5. Repairs or replacements must be carried out within a reasonable time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased the goods.
6. The expenses referred to in paragraphs 2 and 3 refer to the costs necessary to bring the goods into conformity, in particular with reference to the costs incurred for shipping, labor and materials.
7. The consumer can request, at his choice, an appropriate reduction in the price or the termination of the contract if one of the following situations occurs: a) repair and replacement are impossible or excessively expensive; b) the seller has not repaired or replaced the goods within the appropriate period referred to in paragraph 6; c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
8. In determining the amount of the reduction or the amount to be returned, the use of the asset is taken into account.
9. After reporting the lack of conformity, the seller may offer the consumer any other remedy available, with the following effects: a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences in order on the expiry of the reasonable term referred to in paragraph 6, unless the consumer accepts the alternative remedy proposed; b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.
10. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract. "
"Article 132 of the Consumer Code:
1. The seller is responsible, pursuant to Article 130, when the lack of conformity occurs within two years of delivery of the goods.
2. The consumer loses the rights provided for in Article 130, paragraph 2, if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
3. Unless proven otherwise, it is assumed that the lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
4. The direct action to assert the defects not maliciously concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the consumer, who is agreed for the execution of the contract, can however always assert 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 expiry of the referred to in the previous period. "
In the event that the Customer finds any lack of conformity, he can start the return procedure and request the replacement of the item at the expense of Miasō.
In case of receipt of a non-compliant product or a product different from what was ordered, the Customer must make the product in question available to Miasō, and the same must return the guarantee seal numbered as placed on the garment at the time of quality control prior to shipment.
After receiving the article, requests for tailoring changes to the items purchased can be fulfilled by contacting Miasō, by email firstname.lastname@example.org or by calling +39 389 0426481, whose shipping costs are charged to the customer. .
12. Complaints - Communications - Information
For any information or complaint, or for any communication relating to these general conditions of sale, orders and / or Miasō products, the Customer can:
Contact Customer Service by filling out the "Contacts" form at the link https://www.miaso.it/contact/
Contact Miasō at +39 389 0426481
13. Provisions on privacy and protection of personal data
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 execution of the obligations arising from these General Conditions of Sale.
14. Force majeure
The execution of the services by the Miasō company may be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents or delays its execution. They are considered as such, events independent of the will of Miasō, which the latter could not reasonably expect at the time of the conclusion of the sales contract such as, for example, but without limitation, war, riots, uprisings, strikes and problems. procurement of the Miasō company attributable to third party suppliers. The Miasō company will inform the Customer of the occurrence of the fortuitous event or force majeure within 7 (seven) days from the occurrence of the same. In the event that the suspension of the service should be extended for a period of more than 15 days, the Customer will have the possibility to cancel the order placed and will be refunded the amounts already paid.
15. Applicable law and competent court
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 using the ODR platform relating to the resolution of online consumer disputes pursuant to EU Regulation 524/2013 and Legislative Decree. 130/2015 adopted in implementation of the EU directive 2013/11. This platform orma is active at the following web address https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
In any case, the Customer has the right to take the ordinary ways to resolve 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 local judge. of residence or domicile of the consumer.