Conditions of Sale
1. DEFINITION AND PURPOSE OF THE CONTRACT
1.1 - This contract ("Contract") is a distance contract pursuant to art. 50 et seq. Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"). The object of the Contract is the sale of movable property between Mikand Way Srl, via Pavia 23, 20814 Varedo (MB) and the consumer (the "Customer"). The Contract is concluded directly through the acceptance by Mikand Way S.r.l. of a purchase proposal issued by the Customer via the Internet, following the invitation to offer contained on the website www.yeseatis.com (the "Site"), based on the methods described in article 3 below.
1.2 The present general sales conditions ("General Conditions") and, in particular, the information pursuant to art. 52 of the Consumer Code, as provided by Mikand Way Srl and reported on the Site, will remain valid and effective until they are modified and / or supplemented by Mikand Way S.r.l. Any changes and / or additions to the General Conditions will be effective from the date on which they will be communicated to the public and will apply to sales made from that date. The latest updated version of the General Conditions is the one available on the Site.
The sales prices of the products shown on the Site are inclusive of I.V.A. and any other tax. Delivery costs are indicated on the Site and may vary depending on the weight and volume of the individual packages.
3. METHOD OF PURCHASE AND PAYMENT
3.1 - Purchases of available products, as illustrated and described on-line in the relative technical data sheets, are made by the customer at the price in force indicated, including VAT, to be confirmed at the time the order is forwarded, plus shipping costs and in any case displayed at the time of purchase. Functions and features described in the data sheets are provided by the manufacturer. Mikand Way S.r.l. declines all responsibility for any changes or inaccuracies. The photos used for the product data sheets, while reflecting the main characteristics, may differ in color or in some details.
3.2 - Before confirming the purchase, the customer will be shown the unit cost of each product selected, the total order line, the total cost of the order in case of purchase of multiple products and any transport costs.
3.3 - The customer, to confirm the acceptance of his purchase order will receive an e-mail message. If the customer does not receive any confirmation, the purchase order is to be considered canceled.
3.4 - The customer will be allowed to choose one of the payment methods which will be clearly listed within the site and which will be considered valid by Mikand Way Srl
3.5 - FOR THE PURPOSE OF PRODUCT WARRANTY (as per 24-month law) THE ORDER CONFIRMATION SENT BY Mikand Way S.r.l. PURCHASING THE PURCHASE BY THE CUSTOMER. For online sales, assimilated for VAT purposes to mail order sales, the EXEMPTION FROM CERTIFICATION OBLIGATION is envisaged. These sales are not subject to the obligation to issue the invoice, if not requested by the customer at the time of ordering (ONLY SUBJECTS WITH VAT NUMBER), and are also exempted from the obligation of certification by the receipt or the receipt (Art. 22 of Presidential Decree No. 633/1972) pursuant to Article 2 of the Presidential Decree December 21, 1996, No. 696.
4. DELIVERY OF PRODUCTS - COMPLAINTS
4.1 - Mikand Way S.r.l. deliver the products to the address indicated by the Customer within 30 (thirty) days from the conclusion of the Contract, as required by the Consumer Code; in the case of orders by bank transfer in advance, the products are delivered within 30 working days from the time the total order is credited to our bank.
4.2 - the customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; the customer must sign the delivery note indicating "subject to control over the integrity of the products"; if this does not happen, the customer will not be able to oppose any dispute about the external characteristics of what was delivered to him and his compliance with the order.
4.3 - Any complaint can be forwarded to the following address: Mikand Way Srl, via Pavia 23, 20814 Varedo (MB)
4.4 - The delivery of the goods takes place "FRANCO MAGAZZINO VENDOR". The "ex stock seller" clause included in the contract, indicates that the goods must be delivered to the customer / buyer or his delegate (eg freight forwarder) at the seller's warehouse. All costs relating to the transport of the goods apply to the buyer, as well as the related risks.
5 . AVAILABILITY OF PRODUCTS.
Mikand Way S.r.l. accepts customer orders within the limits of the quantities of the requested products in stock. Therefore, the acceptance by Mikand Way S.r.l. of the purchase proposal submitted by the customer is subject to the availability of the products in stock. Mikand Way S.r.l. undertakes to promptly notify the customer of any unforeseen depletion of stocks due to excess demand or other causes.
6 . WARRANTY AND SERVICE
All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
The Customer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer customer has the right to a proportional reduction in the price or the termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided for by the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify the immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; if the seller has declared (or this is clear from the circumstances) that he will not proceed to restore the conformity of the goods within a reasonable period or without inconvenience.
The consumer customer has no right to terminate the contract if the lack of conformity is only minor.
To benefit from this guarantee, the customer must report the lack of conformity with a communication addressed to the seller indicating the defects and faults found.
Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect. of compliance.
For goods with digital elements, the seller undertakes to keep the consumer customer informed about the updates (including security) available, necessary in order to maintain the conformity of such goods, and to provide them for an appropriate time, taking into account the circumstances and the nature of the contract and in any case, depending on the case, if the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
The seller is not responsible for any lack of conformity deriving solely from the lack of the relevant update, if the consumer does not install the updates appropriately provided within a reasonable time.
7 . CUSTOMER'S OBLIGATIONS
The Customer declares and guarantees: (I) to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; (II) to be of age; (III) that the data provided by the same for the execution of the Contract are correct and true.
8. RIGHT OF WITHDRAWAL
Sales of products via Internet are governed by Legislative Decree n. 206/05 (articles 50 to 68) which regulates the subject of distance contracts, which means carried out outside business premises. This legislation establishes the right of withdrawal, or the possibility for the consumer to return the purchased product and to obtain reimbursement of the expenses incurred. This right is reserved exclusively for natural persons (consumers), so it can not be exercised by legal persons and by natural persons acting for purposes related to their professional activity. To exercise the right of withdrawal you must send, within 14 working days of receipt of goods, a notice in which it is clearly manifested the desire to withdraw from the contract. The communication must be made by registered A / R as required by the law on the matter. Pursuant to Article 55, second paragraph, of the Consumer Code, the customer will not be entitled to withdraw in the following cases: · supply of audiovisual products or sealed software, opened by the customer; · Supply of tailor-made or customized products, or which by their very nature, can not be returned or are liable to deteriorate or expire rapidly (eg foodstuffs, cosmetics, flowers, etc.); · Supply of newspapers, periodicals, magazines. The costs of returning the product are charged to the CUSTOMER. The right of withdrawal is lost if the returned product is not intact, ie: · in the absence of integral elements of the product (accessories, cables, instruction manuals, etc.) · for damage to the product for reasons other than transport. At the same time as sending the registered letter A / R we invite you to communicate your decision by e-mail to Customer Service (firstname.lastname@example.org.) Within three working days you will be sent the Return Authorization Number (NAR) which will identify the When you send the package, you must indicate the Return Authorization Number assigned by Mikand Way Srl on the packaging. The costs of returning the products are charged to the CUSTOMER.Micand Way Srl will return within 30 days from the date of receipt of products by the customer: (1) the full price paid by the customer (excluding the value attributed to shipping during sale) in case of return of the product complete with all its parts and functionality, or (2) part of the price equivalent to the product actually returned by the customer who has consumed the product appreciably and / or such as to significantly undermine its value.
Right of Withdrawal
1 . Pursuant to art . 5 DL 185/ 1999, the customer is entitled to withdraw from the purchase contract for any reason, without explanation and without penalties.
2 . To exercise this right, the customer must send a notice to Mikand Way S.r.l. within 14 working days from the date of receipt of goods. Such notice have to be sent by registered letter with acknowledgment of receipt , addressed to: Mikand Way Srl Via Pavia 23, 20814 Varedo (MB) or by email sent within the said period (14 days) and followed by a confirm by registered letter with acknowledgment of receipt. Once we have received the notice of withdraw, the Customer Service of Mikand Way S.r.l. will provide to communicate to the customer instructions on how to return the goods. Goods have to be received by Mikand Way S.r.l. within 14 days from the authorization .
3 . However the right of withdrawal is subject to the following conditions: - The law applies to the product purchased entirety, it can be exercised only ona part of the product purchased , - According to law, shipping costs related to the return of the goods are charged to the customer; - The shipment, is under the full responsibility of the client, until the certificate of receipt in our warehouse - If the goods are damaged during the transit, Mikand Way S.r.l. will inform the customer of the event (within 5 working days of receipt of goods in their withdraws), to enable him to file a complaint against the carrier of his choice and to obtain reimbursement of the value of the property (if insured) . In this case, the product will be made available to the customer for giving it back while canceling the request for withdrawal; - Mikand Way S.r.l. is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
4 . Mikand Way S.r.l. will provide to refund the customer the full amount paid by holding the value of the " shipping costs " within 30 days from the return of goods by canceling the amount charged to the credit card or by bank transfer. In the latter case, the customer will be responsible for providing the bank details on which to obtain the reimbursement (ABI Code - CAB - Current Account of the invoice).
5. The right of withdrawal is totally lost, due to lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where Mikand Way S.r.l. finds:
- The lack of the outer and / or wrapper containing the product purchased (eg. pasta , cookies , etc. ..)
- damage to the product due to causes other than transport. In case of forfeiture of the right of withdrawal, Mikand Way S.r.l. will return the purchased good to the sender, charging him the shipping costs.
Right of withdrawal fresh products
Pursuant to art . 5 DL 185/ 1999, the customer is entitled to withdraw from the purchase contract for any reason, without explanation and without penalties within 14 days of receipt of goods. Commercializing products also at high risk of perishability , Mikand Way S.r.l. also agree to the following conditions:
The customer has the right to withdraw from the purchase of fresh goods at risk of perishability if opening the package the product is altered or not present the characteristics specified at the time of purchase.
The right of withdrawal for products at risk of perishability can be exercised by sending, within 24 hours of the receipt of goods , a written notice through our e-mail service at email@example.com . In addition, in order to allow any crediting of the value of the returned item, the bank details relating to the current account must be indicated.
It will be the responsibility of Mikand Way S.r.l. to collect the goods as soon as they have received the communication from the customer and in any case not later than 24 hours in order not to cause further deterioration of the goods.
Mikand Way S.r.l. reserves the right to evaluate the actual deterioration of the fresh product upon return. If the existence of the alteration of the product is not found, this will be communicated to the customer and the price paid will not be refunded. The right of withdrawal is however subject to the following conditions:
The right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased; the shipping costs related to the return of the goods are borne by Mikand Way S.r.l.
The competent court in the event of disputes in relations with consumers, pursuant to art. 66-bis of Legislative Decree 206/2005 (Consumer Code) is the place of residence (or domicile) of the consumer.
This page describes how to manage the site in relation to the processing of personal data of users who consult it.
This is an information that is also provided pursuant to art. 13 of the legislative decree n. 196/2003 - Personal Data Protection Code for those who interact with the web services of Mikand Way S.r.l. accessible by telematic means.
The following information applies only to the website of the company and not for other Web sites accessed via links.
The information is also based on the Recommendation n. 2/2001 that the European authorities for the protection of personal data, gathered in the Group established by art. 29 of the directive n. 95/46 / EC, adopted on 17 May 2001 to identify certain minimum requirements for the collection of personal data online, and, in particular, the methods, timing and nature of the information that the data controllers must provide to the users when they connect to web pages, regardless of the purpose of the link.
DISCLOSURE PURSUANT art. 13 - D. Decree no. 196/2003
-The "OWNER" of the treatment following the consultation of this site - Data relating to identified or identifiable persons may be processed. The "Owner" of the processing of personal data is Mikand Way S.r.l., via Pavia 23, 20814 Varedo (MB);
- PLACE, PURPOSE AND METHOD OF DATA PROCESSING - The treatments connected to the web services offered by this site are carried out at the headquarters of the data controller and are only handled by collaborators or partners of Mikand Way S.r.l. in charge of the processing, or by persons in charge of occasional maintenance operations. No data deriving from the web services is communicated or disseminated. Personal data provided by users who submit service requests, are used only to perform the service or provision requested and are not disclosed to third parties, unless the communication is required by law or is strictly necessary for the fulfillment of requests.
- TYPES OF DATA PROCESSED - Data on navigation - The computer systems and software procedures used to operate this website acquire, during their operation, some personal data whose transmission is implicit in the use of Internet communication protocols . This is information that is not collected to be associated with identified, but by their very nature could, through processing and association with data held by third parties, made only after explicit request of the Judicial Authority, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users connecting to the site, the addresses in the Uniform Resource Identifier (URI) notation of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user's computer environment. This data is used by Mikand Way S.r.l. for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site: except for this eventuality, at present the data on web contacts do not persist for more than seven days. - Data provided voluntarily by the user The optional, explicit and voluntary sending of e-mails to the addresses indicated on our website entails the subsequent acquisition of the personal data provided, such as by way of example the e-mail address of the sender used by Mikand Way S.r.l. to respond to customer / user requests. Specific summary information will be progressively reported or displayed on the pages of the site prepared for particular services on request.- RULES 'OF TREATMENT - Personal data are processed on paper and / or automated tools for the time necessary to achieve the purposes for which they were collected.
- INFORMATION SECURITY - Specific security measures are observed to prevent the loss, misuse or incorrect use of data and unauthorized access. We inform you that internet communications such as e- mail / webmail , may pass through different countries before being delivered to the recipients. Mikand Way S.r.l. can not be held responsible for any unauthorized access or loss of personal information outside of its control.
- RIGHTS OF PARTIES - The parties to whom the personal data refer have the right at any time to obtain confirmation of the existence or otherwise of such data and to know its content and origin , verify its accuracy or request its integration or updating, or correction , within the meaning of ' art . 7 D. Decree No. 196/2003. According to the same article, you have the right to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law, and to oppose in any case, for legitimate reasons, to their treatment, by writing to Mikand Way S.r.l. Via Pavia 23, 20184 Varedo (MB).