General Terms of Sale
These general conditions concern the purchase of products made remotely via telematic network through the website www.minyshop.com with legal headquarters in Azzano San Paolo (BG) Via Friuli, 3 VAT number 03754540163.
The purchase operations will be governed by the provisions of Legislative Decree 206/05, while the protection of privacy will be subject to the regulations of Legislative Decree 196/03.
These general conditions are valid from 01/02/2012 and may be updated or modified by MI-NY S.r.L at any time, without notice, and will be effective from the date of publication on the website. The consumer agrees and undertakes, whenever there is a modification of these general conditions, to review them and, if deemed appropriate, to print and keep them.
"The online sales contract refers to the distance contract concluded between a supplier, www.minyshop.com, with its registered office at Via Friuli, 3 in Azzano San Paolo (BG), VAT number 03754540163, and a consumer customer, within a distance selling system organized by the supplier, which for this contract exclusively uses the communication technology known as the Internet."
'Consumer' refers to the individual who purchases goods and services for purposes not directly related to any professional activity that may be carried out.
CH. 1 – ACCEPTANCE OF THE TERMS OF SALE
1.1 The conditions set forth in the preamble are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through the access by the Customer (businesses and individuals) to the website corresponding to the address www.minyshop.com. At that point, the Customer will be able to conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
1.3 These general sales conditions must be reviewed online by the customer before completing the purchase procedure. Therefore, the submission of the order confirmation implies total knowledge of them and their full acceptance.
1.4 The customer, by sending the electronic confirmation of their purchase order, unconditionally accepts and agrees to comply with the general terms and payment conditions outlined below in their dealings with www.minyshop.com, declaring to have read and accepted all the information provided by them in accordance with the aforementioned regulations, also acknowledging that www.minyshop.com does not consider itself bound by different conditions unless previously agreed upon in writing.
CH. 2 – SELLING PRICES AND PURCHASE METHODS
2.1 All selling prices of the products displayed and indicated on the website www.minyshop.com, which constitute an offer to the public pursuant to Article 1336 of the Civil Code, are inclusive of VAT and any other tax.
2.2 The total cost of shipping to the customer's address is the responsibility of the customer, unless otherwise specified. This cost will, in any case, be communicated to the customer before the purchase confirmation.
2.3 The purchase contract is perfected by the exact completion and the consent to purchase expressed through the online registration after having registered.
2.4 The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
CH.3 – DELIVERY METHODS
3.1 www.minyshop.com will deliver to customers, at the address indicated by the customer, the selected and ordered products, in the manner provided for in the previous article, by couriers.
3.2 The purchased goods will be delivered within the terms set forth in Article 6 of Legislative Decree 206/05. No liability can be attributed to the supplier for delayed or failed delivery due to force majeure or unforeseen circumstances.
3.3 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and without prejudice to the right of withdrawal provided for in point no. 7, the customer must sign the delivery documents.
3.4 At the time of delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancies, this must be reported on the same accompanying document and confirmed, within seven days by fax or registered mail with return receipt, to Mi-ny S.r.L Via Friuli, 3 24052 Azzano San Paolo (Bg). Even in the presence of intact packaging, the goods must be verified within seven days of receipt. Any hidden anomalies must be reported in writing by fax or registered mail with return receipt. Any reports made after the aforementioned deadlines will not be considered. For each declaration, the customer assumes full responsibility for what is declared.
3.5 Home delivery, unless otherwise agreed in writing between the parties, will take place during office hours: from 8:00 AM to 1:00 PM and from 2:00 PM to 6:00 PM, on all non-holiday days, from Monday to Friday.
3.6 The customer is required to be available during the hours described in point 3.4, in order to avoid any additional charges for missed deliveries by the express courier, charges that will otherwise be borne by the customer.
CH.4 – RESPONSIBILITY
4.1 www.minyshop.com assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timelines.
4.2 www.minyshop.com shall not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-performance of the contract for the reasons mentioned above, with the consumer entitled only to a refund of the price paid.
4.3 www.minyshop.com is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the purchased products.
4.4 www.minyshop.com at no time during the purchasing process is able to know the credit card number of the buyer, which is transmitted directly to the banking service provider through a secure connection.
CHAPTER 5 – WARRANTY
5.1Mi-ny S.rL guarantees its electronic products for 12 months from the date of delivery against manufacturing defects. The product that is found to be non-functional during the warranty period will be repaired or replaced free of charge.
CH.6 – OBLIGATIONS OF THE PURCHASER
6.1 The consumer agrees and undertakes, once the online purchase procedure is completed, to print and keep these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition referred to in Articles 3 and 4 of Legislative Decree 206/05.
6.2 These general conditions may be updated or modified at any time by www.mi-nycosmetics.com/www.minycosmetics.com, which will communicate such changes through its website. The consumer agrees and undertakes, whenever there is a modification of these general conditions, to print and keep them.
6.3 The buyer is strictly prohibited from entering false, invented, or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and email must exclusively be their own real personal data and not that of third parties, or fictitious.
6.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. www.mi-nycosmetics.com/www.minycosmetics.com reserves the right to take legal action against any violation and abuse, in the interest and for the protection of all consumers.
6.5 The Customer relieves www.minyshop.com of any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, being the Customer itself solely responsible for the correct input.
CH.7 – RIGHT OF WITHDRAWAL
7.1 Pursuant to Article 5 of Legislative Decree 206/05, the customer may exercise the right of withdrawal by returning the received goods and obtaining a refund of the price paid.
7.2 The consumer who for any reason does not consider themselves satisfied with the purchase made has the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within 10 working days from the day of receipt of the purchased good. A product received that is not intact or damaged during shipping must be reported within 5 days of receipt.
7.3 All return shipping costs for the products are the responsibility of the customer, who will arrange for the delivery of the same either directly or through another means to the seller's address; all items must arrive in the same condition as received, with original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; returning the goods by any other means is not permitted.
7.4 To exercise the right of withdrawal, the customer must send a registered letter with return receipt to the following address within the above-mentioned term: MI-NY S.r.L Via Friuli, 3 24052 Azzano San Paolo (BG)
Within the same term, an email can be sent to the address info@mi-nycosmetics.com, to which a registered letter with acknowledgment of receipt confirming the withdrawal must follow within 48 hours. We will then proceed to refund the amounts paid by the Customer as soon as possible, and in any case within 30 days from the date of receipt of the above communication, retaining only the amount of shipping costs, which will remain definitively at the Customer's expense. The right of withdrawal applies only to goods that are intact at the time of return.
7.5 MI-NY Srl will accept returned goods reserving the right to verify that the products have been returned in their original condition and with the original packaging; only in this case will it proceed with the refund of the amount paid by the consumer for the purchase of the products.
7.6 The transportation costs incurred for the delivery of the product to the customer and for any return to MI-NY are non-refundable.
7.7 The transportation costs for product exchange (e.g. color change) are entirely the responsibility of the customer (return and new shipment). The color change applies only to intact / unused goods at the time of return.
7.8 In the case of returning some products from the same order placed with a total exceeding 70 euros and with automatic free delivery, the refund will be the value of the returned products minus the shipping cost if the updated order does not exceed 70 euros.
7.9 In case of the customer's absence after the second delivery attempt by the courier, if the order is not picked up from the storage, MI-NY will withhold the shipping costs plus the fees from the refund.
CH.8 – AUTHORIZATIONS
8.1 By filling out the appropriate form available on the website, the Customer authorizes PayPal to use their credit card, or another card issued in its place, and to charge their bank account in favor of MI-NY the total amount highlighted as the cost of the purchase made "online". The entire procedure is carried out through a secure connection directly linked to the banking institution that owns and manages the online payment service.
CH.9 – CONTRACT TERMINATION
9.1 MI-NY S.r.L has the right to terminate the contract entered into by simply notifying the customer and stating the reason; in this case, the customer will be entitled solely to the refund of any amount already paid.
9.2 The obligations assumed by the customer referred to in art. 7 (Obligations of the purchaser), as well as the guarantee of the successful payment that the customer makes with the means referred to in art. 2, are essential in nature, so that by express agreement, the non-fulfillment by the Customer of even one of these obligations will result in the automatic termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial pronouncement, without prejudice to the right of Mi-ny S.r.L to take legal action for compensation for further damages.
CH.10 – JURISDICTION AND COMPETENT COURT
10.1 Any dispute regarding the application, execution, interpretation, and violation of purchase contracts concluded online through the website www.minyshop.com is subject to Italian jurisdiction; these general conditions refer, as far as not expressly provided therein, to the combined provisions of Legislative Decree No. 50 of January 15, 1992, and Legislative Decree 206/05.
10.2 For any disputes between the parties regarding this contract, the Court of Bergamo shall have jurisdiction.