Conditions of Sale

1. DEFINITION AND OBJECT 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 Contract concerns the sale of movable goods between Mikand Way S.r.l., via Pavia 23, 20814 Varedo (MB) and the consumer (the "Customer"). The Contract is concluded directly through acceptance by Mikand Way S.r.l. of a purchase proposal issued by the Customer via the internet, following the invitation to offer content on the website www.yeseatis.com (the "Site"), on the basis of the methods described in the following article 3.

1.2 These general conditions of sale ("General Conditions") and, in particular, the information referred to in art. 52 of the Consumer Code, as provided by Mikand Way S.r.l. and reported on the Site, will remain valid and effective until they are modified and/or integrated by Mikand Way S.r.l. Any changes and/or additions to the General Conditions will be effective from the date on which they are communicated to the public and will apply to sales made from said date. The latest updated version of the General Conditions is the one available on the Site.

2. PRICES

The sales prices of the products illustrated on the Site include VAT. and any other tax. Delivery costs are indicated on the Site and may vary based on the weight and volume of the individual packages.

3. PURCHASE AND PAYMENT METHODS

3.1 - Purchases of available products, as illustrated and described online in the relevant technical data sheets, are made by the customer at the current price indicated, including VAT, to be confirmed when placing the order, increased by shipping costs and in any case displayed at act of purchase. Functions and characteristics described in the technical 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 sheets, although reflecting the main characteristics, may differ in color or in some details.

3.2 – Before confirming the purchase, the customer will be summarized the unit cost of each chosen product, the order line total, the total cost of the order in the case of purchasing multiple products and any expenses of transport.

3.3 – The customer will receive an email message to confirm acceptance of their purchase order. If the customer does not receive any confirmation, the purchase order is considered cancelled.

3.4 – The customer will be allowed to choose one of the payment methods which will be clearly listed on the site and which will be considered valid by Mikand Way S.r.l..

3.5 – FOR THE PURPOSES OF PRODUCT WARRANTY (as per law of 24 months) THE ORDER CONFIRMATION SENT BY Mikand Way S.r.l. IS ATTENTIONAL. UPON COMPLETION OF THE PURCHASE BY THE CUSTOMER. For online sales, assimilated for VAT purposes to mail order sales, EXEMPTION FROM THE OBLIGATION OF CERTIFICATION is provided. These sales are not subject to the obligation to issue an invoice, unless requested by the customer at the time of ordering (ONLY VAT ENTITIES), and are also exempt from the obligation of certification by means of the receipt or tax receipt (Art. 22 of Presidential Decree n.633/1972) pursuant to art.2 of Presidential Decree. 21 December 1996, n.696.

4. DELIVERY OF PRODUCTS - COMPLAINTS

4.1 – Mikand Way S.r.l. delivers the products to the address indicated by the Customer within 30 (thirty) days of the conclusion of the Contract, as required by the Consumer Code; in the case of orders with advance bank transfer, the products are delivered within 30 working days starting from the crediting of the total order at our bank.

4.2 – the customer is required to verify, upon placing receipt, the conformity of the product delivered to him with the order placed; the customer must sign the delivery note indicating "subject to control of the integrity of the products"; if this does not happen, the customer will not be able to make any objection regarding the external characteristics of what was delivered to him and its correspondence with what was ordered.

4.3 - Any complaint can be forwarded to the following address: Mikand Way S.r.l., via Pavia 23, 20814 Varedo (MB)

4.4 - The goods are delivered "EX SELLER'S WAREHOUSE" . The "ex seller's warehouse" clause included in the contract indicates that the goods must be delivered to the customer/buyer or his delegate (e.g. freight forwarder) at the seller's warehouse. All costs relating to the transport of the goods are borne by 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 existing in stock. Therefore, acceptance by Mikand Way S.r.l.'s part of the purchase proposal forwarded by the customer is subject to the availability of the products in stock. Mikand Way S.r.l. undertakes to promptly communicate to the customer any unforeseeable stock outs due to excess demand or other causes.

6. GUARANTEES AND ASSISTANCE

All products marketed benefit from the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code which covers any defects in conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery itself. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products that does not conform to their intended use, or as a result of normal wear and tear, are excluded from defects of conformity and, therefore, from the legal guarantee.
The Customer can ask, at his choice, the seller to repair the goods or replace it, without costs 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 of the price or upon termination of the sales contract, in accordance with the provisions of the art. 135 bis, paragraph 4, Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions established by the Consumer Code, or has refused to make the goods compliant; if the lack of conformity is so serious as to justify the immediate reduction of the price 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 inconveniences.
The consumer customer has no right to terminate the contract if the lack of conformity is only of minor nature.
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 manifest within one year from the moment 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 lack of conformity.
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 a reasonable time, taking into account the circumstances and nature of the contract and in any case, as the case may be, 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 resulting solely from the lack of updating relevant, if the consumer does not install the updates appropriately provided within a reasonable period of time.

7. CUSTOMER OBLIGATIONS

The Customer declares and guarantees: (I) to be a consumer in accordance with the provisions to the 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 truthful.

8. RIGHT OF WITHDRAWAL

1. Pursuant to articles. 52 and following of Legislative Decree 206/2005 (Consumer Code), the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.

2. To exercise this right, the customer must send Mikand Way S.r.l. a communication to this effect, within 14 working days from the date of receipt of the goods. This communication must be sent via explicit communication sent to Mikand Way S.r.l. using one of the following methods: Registered mail with return receipt addressed to Mikand Way S.r.l. via Pavia 23, 20814 Varedo (MB), via e-mail to info@yeseatis.com, via fax to number 036580932.
It is possible to use the downloadable form at this link: http://www.euroconsumatori.org/download.php?file=136dexto50Tiv.doc&name=Lettera+tipo+-+Standard+form+of+withdrawal
Pursuant to art. 56 Consumer Code the deadline for reimbursement by Mikand Way S.r.l. is 14 days from receipt of the notice of withdrawal, the refund will be withheld beyond 14 days only until the Consumer proves that he has sent back the goods or until they have been received by Mikand Way S.r.l.
Any original shipping costs in addition to the price of the goods will also be reimbursed to the consumer.

3. The right of withdrawal is in any case 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 purchased product; - The shipment, until receipt is certified in our warehouse, is under the complete responsibility of the customer; - In case of damage to the goods during transport, Mikand Way S.r.l. will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to file a complaint against the courier he has chosen and obtain reimbursement of the value of the goods (if insured). In this eventuality, the product will be made available to the customer for its return at the same time canceling the withdrawal request; - 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 refund the customer the entire amount already paid, within 14 days of the return of the goods, through a cancellation procedure of the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to provide the bank details on which to obtain the refund (ABI Code - CAB - Current Account of the invoice holder).

5 The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Mikand Way S.r.l. you ascertain:
- handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Right of withdrawal for products that fall within the provisions of the art. 59 Consumer Code
The same terms and methods indicated above also apply to fresh food products, unless they fall within the provisions of the art. 59 Consumer Code (e.g. "products that can deteriorate or expire quickly) for which withdrawal is excluded.

Privacy
The legislation on provacy can be consulted at the following link: https://www.yeseatis.com/it/customer-care/privacy-policy-gdpr/144/

Court of jurisdiction
The court competent in case of disputes in relations with consumers, pursuant to art. 66-bis Legislative Decree 206/2005 (Consumer Code) is the court of residence (or domicile) of the consumer.

Organism European Dispute Resolution System
Consumers resident in Europe are informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve non-judicial disputes relating to contracts for the sale of goods and services stipulated online and/or deriving from them.
Consequently, if you are a Consumer established in Europe, can use this platform to resolve any dispute arising from the online contract stipulated on this site.
The European ODR platform is available at the following link: https://webgate.ec .europa.eu/odr

ODR platform
Terms and conditions