Terms and conditions
These Terms and Conditions of Sale ("Terms") apply to purchases made through our website. Please read these Terms carefully before placing an order. By confirming that you have read and accept these Terms when you place an order through our website, you confirm your unconditional acceptance of these Terms.
In these Terms of Sale "we" and "us" means Mia Moltrasio srl, Via Durini 25 20122 Milano Italia P.I. 09418470960 and "you" means you the customer. Capitalised terms used in these Terms of Use shall have the meaning set forth in the "Definition" section below. These Terms of Sale along with your Order Confirmation constitute the contract between us and you for the supply of Goods. No other terms and conditions shall apply. The contract cannot be varied unless mutually we agree to vary it in writing or by email.
A copy of this Terms of Sale can be stored electronically or printed by all users of our Website.
PRODUCT INFORMATION
We will make reasonable efforts to ensure that the information about Goods is accurate and up-to-date. However we do not warrant or guarantee that there will be no errors in the description and/or pricing of the Goods, or that Goods will always be available if you wish to place an Order to purchase them. None of the material contained in our Website is to be relied upon as a statement or representation in relation to Goods. All images, illustrations and descriptions of Goods are for information only and you are invited to contact us using the contact information in the Contact Us section if you need any further information about Goods.
We reserve the right, at any time and without notice, to modify the information about Goods displayed on our Website, including without limitation information on prices, description and availability of Goods. However, changes to price, availability or description of any Goods will not affect Orders submitted by you which have already been accepted by us in accordance with Clause below.
The foregoing will not affect your statutory rights.
HOW DO I PLACE AN ORDER
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Goods on the Website, select your preferred shipping method and, at your discretion other optional services and click on the "PLACE YOUR ORDER" button. Before completing the check-out procedure you will be requested either to register for or log into your personal account. You can, if you prefer, checkout without registering, but you will be required to provide the necessary personal and payment data to process the Order.
We will not accept Orders placed in any way other than as detailed above. Orders will only be processed and Goods delivered if we deem the Order to be complete. An Order is complete if all required information has been correctly entered and these Conditions have been accepted.
If you have any problems during the placement of an Order or if you are not sure whether or not your Order made through the website has been finalized, contact us using the contact information in the Contact Us section.
When you place an Order you make an offer to us to purchase the Goods you have selected. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to the cases where:
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- You provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address; or fraudulent information;
- There is an error on our Website relating to the Goods that you have ordered, for example an error relating to the price or description of the Goods as displayed on our Website;
- The Goods that you have ordered are no longer available through our Website;
- We believe that you are under the age of 18.
We will not be liable to you or any third party for withdrawing any Goods from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after we started to process it.
If we cannot accept your Order we will contact you by email or telephone as soon as possible but in any case no later than 30 (thirty) days from the date of your Order. If we cannot accept or perform your Order because the Goods are no longer available, or because of an error in the prices and/or other information about the Goods for which you have placed an Order, we will contact you and suggest alternative products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Goods we cannot supply and refund to you any money that you have paid to us in respect of those Goods.
If you have placed the Order through the Website you will receive an e-mail confirming receipt of your Order, containing the relevant details of your Order (such as quantities, price, shipping terms). Please note that this e-mail does NOT constitute an acceptance of your Order. Unless you cancel your Order, your Order will be accepted and the contract between us and you will be concluded only when we dispatch the Goods. At such time you will receive an Order Shipment Confirmation e-mail informing you that we have dispatched all, or a part, of the Goods covered by your Order.
Orders can be cancelled at any time before being processed by us. If you wish to cancel your Order please contact us using the contact information in the Contact Us section. We will not accept orders cancellation made in any way other than that listed above. Once your Order has been processed you may only exercise your right of withdrawal according to the procedure below.
WHAT HAPPENS IF GOODS ARE UNAVAILABLE
We will make reasonable efforts to ensure that the information about Goods displayed on our Website are always accurate. However, when you place an Order certain Goods may be out of stock.
If we are unable to send you the Goods ordered within 30 (thirty) days from the date of your Order, we will contact you and ask you if you wish to cancel your Order in whole or in part and, in such case, we will refund all sums paid for the Goods in the cancelled Order. If we do not receive a response to the email or voice message that we may have left for you, we will send you an email to let you know. If you do not contact us within 3 days of such notification, we will cancel your entire Order and refund the price of the Goods. None of these conditions reduces in any way your mandatory rights regarding defective or non-compliant products. For further information about your mandatory rights, you can contact the "Consiglio Nazionale dei Consumatori e degli Utenti".
OUR PRICING POLICY
The prices of the Goods are indicated on our Website and will be confirmed in the Order Confirmation we will send to you via e-mail.
All prices are in Euros and inclusive of VAT.
Delivery costs may apply to your Order as indicated on our Website at the time you submit your Order. Delivery costs will depend on the value of your Order and your required shipping method. To see our applicable delivery charges and terms and conditions please click here.
We reserve the right to modify the price of our Goods on our Website at any time and without prior notice. Changes to the price of Goods will not affect your Order once we have accepted the Order and sent to you an Order Confirmation.
If we find an error in the price of Goods you have ordered, we will inform you as soon as possible by e-mail or telephone and we will offer you the option of reconfirming your Order at the correct price or cancelling your Order. If you cancel the Order, we will refund or re-credit you for any sum that has been paid by you.
HOW CAN I PAY
You may pay for your Goods by credit or debit card. We accept most payment cards, such as Maestro, Solo, Visa, Master Card and American Express. Payment must be made in the currency as indicated on your Order before you submit it.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is received by us. We will not accept your Order, neither will we supply the Goods to you until your credit or debit card issuer has authorised the use of your card for payment of the Goods ordered.
If we do not receive such authorisation we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Website secure and to prevent frauds. All credit and debit card transactions on this Website are processed by “PAYPAL”, a secure online gateway that will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain countries we believe to be at high fraud risk.
Paying by PayPal you will be asked to log in to your account with your email address and password to confirm the payment. If you do not have a PayPal account you can still pay with PayPal and will be asked to enter personal data and credit card details. Your Goods will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
We will send the Goods to you at the delivery address indicated on your Order Confirmation. We may, however, only send documents by e-mail to the e-mail address which you provided at the time of making the Order.
WHEN ARE GOODS DELIVERED AND HOW CAN I TRACK MY ORDER
Delivery will be made by standard or express courier at your choice during normal business hours. Delivery charges may apply to your Order; to see our delivery terms and conditions and delivery charges please click here. Upon delivery of the Goods to our carrier we will send you an Order Shipment Confirmation email.
We will not proceed with the shipment of the Products unless we have received your payment. If we are unable to find someone who can take delivery of the Goods at the delivery address indicated, we will notify you by means of a notice left by the courier in your mailbox.
The risk of loss of the Goods will pass to you upon delivery.
You can check the current status of your Order by following the link in the Order Shipment Confirmation email.
HOW TO RETURN GOODS
Please read our Returns Policy where you can find all the information you need to return products for any reason.
YOUR RIGHT OF WITHDRAWAL
If you have received the ordered Goods and are not satisfied with any of them or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 30 (thirty) calendar days of delivery of the Goods, provided that you return the Goods to us according to the procedure indicated under ‘How to make a return’ on our Returns page.
Please note that while the Goods remain in your possession you are under a duty to ensure that the Goods are kept safe, secure and in good condition.
HOW YOUR PERSONAL DATA ARE PROCESSED
By placing your Order, you agree and understand that we may store, process and use data collected when you registered on the Website for the purposes of processing your Order. We will process your information in accordance with Our Privacy Policy available here.
INTELLECTUAL PROPERTY RIGHTS
Mia Moltrasio trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of Mia Moltrasio srl. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited and will be prosecuted.
CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under these Terms of Sale. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
We will inform you of any such unforeseen event as soon as possible after its occurrence and we will perform our obligations as soon as reasonably possible. Should this interruption continue beyond a period of 2 (two) weeks, you will be entitled to cancel the Order, and a refund will be made in accordance with Clause 8 of these Terms of Sale.
APPLICABLE LAW
These Terms of Sale are governed by the laws of Italy D.Lgs. 206/2005. Conflict of laws rules do not apply. To the extent permitted by applicable consumer protection laws, any action or dispute relating to these Terms shall be brought exclusively before the Court of your residence or domicile, if located in Italy.
CONTACT US
If you have any questions about these Terms of Sale, our Goods or your Order, contact us.
GENERAL TERMS
Neither our failure nor your failure to enforce any term of these Terms of Sale constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
DEFINITION
In these Terms of Sale:
"Contract" means the contract between you and us for the sale and purchase of Goods, comprising your Order, our Order Confirmation of your Order and these Terms of Sale;
"Goods" means the products that we sell on our Website from time to time, including but not limited to apparel, outerwear, footwear, and accessories;
"Order" means an order for Goods placed according to these Terms of Sale;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order at the moment the Goods are dispatched and the relevant details of your purchased Goods;
"We", "our" means Mia Moltrasio srl, Via Durini 25 20122 Milano Italia P.I. 09418470960
"Terms of Sale" means these Terms and Conditions of Sale;
“Website" means our website located at http://www.miamoltrasio.com/
"You" or "your" means you, the customer.