The goods covered by these terms and sales conditions are offered for sale by Zero11 S.r.l., located in Occhieppo Inferiore, Via Marigone 48, in the person of its present legal representative, P.IVA IT106298400147 C.F. 10629840017 hereafter referred to as “Supplier”.
1.1 The term “on-line sales agreement” means the sale and purchase agreement for the tangible material goods of the Supplier stipulated between the Supplier and the Buyer on a remote sales system via telematics, organized by the Supplier
1.2 The term “Buyer” means the Customer who buys on the website www.miraggiocashmere.com. If the Customer is a consumer (a natural person who buys goods for purposes not related to his or her professional activity), once the on-line purchase process is completed, he/she will print or save an electronic copy and in any case keep these terms and sales conditions, in compliance with the provisions of Italian law on distance contracts.
1.3 The term “Supplier” means the person named in the inscription that is the subject provider of information services.
2) SUBJECT OF THE CONTRACT
2.1With this contract, respectively, the Supplier sells and the Buyer remotely purchases via telematics the tangible material goods listed and offered for sale on the website www.miraggiocashmere.com
2.2 The goods referred to in the previous point are shown on the website www.miraggiocashmere.com, as described on the related information sheets; Images of the Products may not be perfectly representative of its characteristics, but may differ for color, size and accessories used.
3) STIPULATION OF THE CONTRACT
The contract between the Supplier and the Buyer is concluded exclusively through internet with the Buyer accessing the website www.miraggiocashmere.com, where, following the procedures indicated, the Buyer will come to formalize the proposal for the purchase of the goods referred to in points 2.1 and 2.2 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded through the exact compilation of the request form and agreeing to the purchase through the electronic cart provided by the website www.miraggiocashmere.com and the subsequent sending of the form itself, always after displaying an order summary web page, printable, with the Buyer information and the order details, the price of the purchased goods, the shipping costs and any additional charges, payment terms and conditions and the delivery address.
4.2 The Supplier, after receipt of the order from the Buyer, will send a confirmation e-mail or will display a confirmation web page and order summary, printable, with the retrieved information reported in the previous point.
4.3 By the Supplier even partially accepting the order the contract between the Supplier and the Buyer is considered concluded. The contract is considered accepted if not otherwise communicated by the Supplier.
4.4 By placing the order the Buyer agrees to and accepts all the terms and sales conditions provided during the ordering process.
4.5 The contract is not considered completed and effective between the parties in default of what is indicated in the previous point.
5) METHOD OF PAYMENT AND REFUND
5.1 Any payment by the Buyer may only be made by using one of the method shown: PayPal.
5.2 Any refund to the Buyer will be credited by one of the methods proposed by the Supplier and chosen by the Buyer in a timely manner and, if the right of withdrawal is exercised, as governed by clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3 All the communications related to payments are made through a secured line protected by an encryption system. All payment information will be processed through the secured website of PayPal. Once the order is confirmed, the Buyer will be re-addressed to PayPal website where he can pay with his PayPal account or by using a credit card.
6) THE SUPPLIER
6.1 The supplier will deliver the selected and ordered goods, using a method chosen by the Buyer or shown on the website at the time of purchase, as confirmed in the e-mail referred to in point 4.2. The Supplier will issue an invoice of the shipped goods for each order placed on the website, and he will digitally send it to the Buyer. The invoice will be issued with all the information received from the Buyer during the ordering procedure. It will not be possible to make any changes to the invoice after issuing the invoice. All shipping costs will be paid by Zero 11 Srl. The Supplier is not responsible for any unpredictable delays.
6.2 In any case, except for disruptions caused by force majeure, the goods ordered will be delivered within 24/48 hours from the day following the receiving of the order, except notification by e-mail from the Supplier to the Buyer, within the same time, about the impossibility of delivering the ordered goods due to a sudden or temporary unavailability of the Products.
6.3 The Buyer may then choose one or more alternative products. If the Buyer decides not to choose any alternative products or to cancel the order, the Supplier will reimburse any sum already received from the Buyer within the same time frame. The method, costs and time of delivery will be always indicated on the website when placing the order.
6.4 The goods shipped will be checked and delivered to the courier without defects. The Buyer can withdraw from an order notifying the Supplier before the shipment occurs. The Supplier will not be held responsible for any damages nor he will be able to make any substitutions if the damages are not notified at the time the goods are delivered, by writing on the proof of delivery form (on the copy that remains with the courier): Damaged goods, Goods unchecked, Undamaged package but goods unchecked, or similar writings which highlight damage or alleged damage. The objection must be immediately made and notified to our E-mail address: email@example.com.
6.5 The Supplier will not be held responsible for a missing delivery if the address communicated is not correct. Any returns of goods not deliverable will be debited to the Buyer. The Supplier will not be held responsible for the delay or the missing delivery and he will have the power to terminate the whole or part of the contract or to stop and delay the conclusion.
6.6 The goods ordered depend exclusively on the will of the Buyer and cannot be refused without paying return shipping costs. If the Buyer does not repay the return shipping costs within 15 day from the refusal of the order (he/she will be notify by e-mail), the Supplier will initiate legal proceedings against the Buyer. The order via internet is recognized as a normal commercial contract entered into by the Buyer.
7.1 All sales prices of the Products displayed and indicated on the website are in US$ and in Euro and constitute an offer to the public pursuant to art. 1336 c.c.
7.2 All sales prices, referred to in the previous point, include VAT and any other taxes, except for local taxes to be paid by the Buyer.
8) AVAILABILITY OF PRODUCTS
8.1 If an order exceeds the quantity available in the warehouse, the Supplier will notify the Buyer, via e-mail, that the Product is no longer available and what the waiting times are to purchase the selected Product, asking whether the Buyer intends to confirm the order.
8.2 The Supplier IT system confirms the order registration as soon as possible sending a confirmation e-mail to the Buyer pursuant to point 4.2
Information of the products provided through the website is constantly adjourned, but it is not possible to guarantee the complete absence of errors. The Supplier reserves the right to correct the errors, the inaccuracies or the omissions even after an order has been shipped, or to modify and update the information at any time without previous communication.
10) LIMITATIONS OF LIABILITY
10.1 The Supplier assumes not responsibility for disruptions caused by force majeure if he is unable to fulfill the order within the time stipulated in the contract.
10.2 The Supplier cannot be held responsible to the Buyer, except in case of intent or gross negligence, for disservices or malfunctions connected to the use of the internet outside of his own control or that of his own sub-suppliers.
10.3 The Supplier also cannot be held responsible for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, as the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
10.4 The Supplier cannot be held responsible for any fraudulent or illegal use made by third parties, by credit cards, or by any other method of payments at the time of purchasing the products if he can prove to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
11) BUYER OBLIGATIONS
11.1 The Buyer agrees to pay the price of the purchased goods within the times and methods indicated in the contract.
11.2 The Buyer agrees, once the online purchase procedure is completed, to print and store this contract
11.3 The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges, as this step is mandatory before the purchase confirmation.
12) RIGHT OF WITHDRAWAL
Pursuant to D. Lgs. 21/2014 – As per directive 2011/83/UE regarding consumer rights, the Buyer has the right to withdraw from the purchase agreement for any reasons, without any explanations and without penalties except for what is referred to in the next point 12.3 and 12.4. To exercise such right, the Buyer must notify the Supplier within 14 days from the date he receives the Products, moreover if he decides to exercise the right of withdrawal before receiving the Products, the communication of withdrawal must be notified to the Supplier at any time before receipt of the Products. Such notification must be send by e-mail to the following address: firstname.lastname@example.org. With the term Receipt of the Products we mean the moment when the Buyer or a third party – different from the courier and designated by the Buyer – acquires the physical possession of the Products.
12.1 The Supplier will provide, once received the notification, instructions on how to return the Products. The Supplier will refund the Buyer for the full amount of the returned Products, including the shipping cost occurred, within 14 days from the date of receiving the notification of withdrawal, subject to the Supplier’s right to withhold the refund until the actual receipt of the goods. The refund will be made using the same method of payment utilized by the Buyer, unless the Buyer expressly requests a different method. In case of wire transfer or payment on delivery the Buyer will have to provide the exact bank information to obtain the refund (name on the account, name and address of the bank and IBAN). The Buyer has to return the Products without any delays and in any case within 14 days from the date he notified the withdrawal from this contract. The deadline is met if the Buyer returns the Products before the 14 days period.
12.2 The right of withdrawal must meet the following conditions: the right is applicable for the full order; it is not possible to exercise the right of withdrawal for only part of the purchased Products. Shipping costs for the return will be paid by the Supplier. The shipment, until received in our warehouse, is under the full responsibility of the Supplier.
12.3 Except for what previously indicated, the right of withdrawal cannot be exercised for the following cases, pursuant to art. 59 d. lgs. 21/2014: made to specifications or clearly personalized Products; Products with the risk of deteriorating or rapidly expiring; orders of sealed Products that for hygiene or health reasons cannot be returned or have been opened after the delivery.
12.4 The right of withdrawal is completely void, if it is missing the essential condition of integrity of the Product (packaging and/or its content), or in case the Supplier establishes: 1. The missing packaging and/or the casing containing the purchased Product. 2. Product damaged by different reasons than the shipment. In case the right of withdrawal is declined, the Supplier will resend to the Buyer the purchased Product, charging him the cost of shipping. In case the subject who buys on our website asks for an invoice and/or he/she is not a “consumer or user” as regulated in art.3, paragraph 1, let. a), of the Consumer Code, the Right of Withdrawal is not applicable as pursuant in art. 12 of this Terms and Sales Conditions.
13) CAUSES OF RESOLUTION
The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment form the Buyer using the methods pursuant to art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are binding, and by expressed agreement, the non-fulfillment of only one of these obligations, where not caused by unforeseeable circumstances or force majeure, will result in the right of resolution of the contract pursuant to art. 1456 c.c., without the need of judicial ruling.
14) COMMUNICATIONS AND COMPLAINS
Written communications addressed to the Supplier and any complains will be considered valid only if sent to the following web address: email@example.com. The Buyer provides in the registration form his residence address or domicile of choice, the telephone number or the e-mail to which he/she wishes to receive the communications from the Supplier.
15) SETTLEMENT OF DISPUTES
15.1 All controversies from this contract are governed by the Chamber of Commerce in Biella and settled by the Conciliation Rule adopted.
15.2 If the parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the place of residence or domicile of choice of the consumer if located in Italy; in any other case the competent court is only the one in Biella.
16) APPLICABLE LAW AND REFERRAL
16.1 This contract is governed by Italian law.
16.2 For what not expressly provided herein, the laws applicable to the relations and the cases provided for in this contract shall apply, and in particular the art. 5 of the 1980 Rome Convention, as well as from the DPR 633/1972 and following amendments, DLGS 21/2014; Digs 206/2005; n. 765/1985 (Vienna Convention), Rules CE 864/2007.
I AGREE WITH THE TERMS AND REGULATIONS ABOVE-MENTIONED
I DON NOT AGREE WITH THE TERMS AND REGULATIONS ABOVE-MENTIONED