Terms and conditions
The offer and sale on the website www.midaluxuryfashion.com are governed by the following conditions:
1. IDENTIFICATION OF THE SELLER
1.a. The seller is: Tuscany 2018 srls hereafter Mida Luxury Fashion
2. PRODUCTS AND AVAILABILITY
2.a. The information relating to the products, together with the product codes and their price, are available on the Site.
2.b. The images associated with the products may differ from reality; the Customer must therefore rely exclusively on the description of the product and on the characteristics of the same indicated in the product sheet.
2.c. Mida Luxury Fashion reserves the right to limit, at any time, the quantity and / or type of products that can be purchased on the Site. The style, models and colors of the products on the Site may be changed without notice. During the purchase, where it is not possible to process the order due to the unavailability of the ordered product, the customer will be informed via an automatic message. Mida Luxury Fashion cannot in any case be held responsible towards the Customer for the unavailability of a Product.
2 .d. Mida Luxury Fashion is in no case responsible for any errors deriving from the failure of the Client’s connection to the Site.
3. PRICE
3.a. The price of the products indicated on the Site is expressed in Euros and includes VAT where applicable. Delivery costs are to be added and are indicated separately in the order form.
4. CONCLUSION OF THE CONTRACT
4.a. The Site reports the essential characteristics and the price of each product. The information on the Site does not constitute an offer by Mida Luxury Fashion.
4.b. Before sending an order proposal through the Site, the Customer is required to carefully read all the instructions provided during the purchase procedure (also regarding delivery costs, the conditions for exercising the right of withdrawal and the Privacy Policy) as well as these General Conditions.
4.c. To purchase a product, the Customer must (i) enter the selected Product in the “Shopping Cart” by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to Mida Luxury Fashion through the Site.
4.d. The transmission of the order proposal constitutes a purchase proposal relating to the selected Product, governed by these General Conditions and binding for the Customer (without prejudice to the right of withdrawal provided for in article 9 below). The transmission of the order proposal by the Customer entails the obligation of the latter to pay the price of the Product, or Products, ordered.
4.e. Before submitting the order proposal, the Customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products that intends to purchase by adding or deleting one or more Products from the “Cart”).
4.f. Without prejudice to the use of personal data described in the Privacy Policy, the form with the order proposal and the Customer’s data relating to the order proposal can be kept by Mida Luxury Fashion for the period of time required by current legislation.
4.g. The contract between Mida Luxury Fashion and the Customer is concluded when the Customer receives confirmation from Mida Luxury Fashion of the shipment of the order.
The order confirmation e-mail is a simple confirmation of receipt of the order by Mida Luxury Fashion.
4.h. Mida Luxury Fashion may refuse an order proposal (in this case no amount will be due by the Customer to Mida Luxury Fashion, with the exception, possibly, of the sums indicated in the following article 6) in the following cases:
(I) in case of unavailability of the Products; or (II) in the event that the payment made by the Customer is not successful (by way of example, in the event of failure to charge the purchase price on the Customer’s credit card or, if the payment is made by bank transfer, in the event failure to confirm receipt of the bank transfer within 5 (five) working days from the date of the order proposal); or
(III) in the event that there is a report, or suspicion, of fraudulent or illegal activity; (IV) in case of non-fulfillment by the Customer of its obligations deriving from a previous contract concluded with Mida Luxury Fashion.
4.i. In case of unavailability of one or more products ordered, the customer will be notified by e-mail. In this eventuality, the order proposal is canceled, or accepted only for the Products available. In case of partial acceptance, the Customer is required to pay only the price for the available Products (if the payment is made by credit card, the Customer will be charged only the amount corresponding to the available Products).
4.l. In accordance with the provisions of Article 51, paragraph 7, of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods. , information relating to delivery costs, the conditions and methods of exercising the right of withdrawal (including the indication of the exclusion from the right of withdrawal in the case of customized Products), the indication of an address to which complaints can be made , and information on after-sales assistance services and existing commercial guarantees. The e-mail communication sent by Mida Luxury Fashion confirming the shipment of the Products, in accordance with the provisions of the following article 7.a. (“Confirmation of Successful Shipment”).
4 .m. The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.
5. METHODS OF PAYMENT
5.a. The Customer may pay the amount relating to the Products contained in the order proposal and the shipping costs by credit card, PayPal, bank transfer or cash on delivery.
5.b. Mida Luxury Fashion accepts payments made using the following credit cards:
Visa;
MasterCard;
American Express;
5.c. Transactions will be debited to the Customer’s credit card only after:
(I) the credit card details have been verified;
(II) the debit authorization has been received from the company issuing the credit card used by the Customer.
5.d. In the event that, for any reason, within a period of 5 (five) working days from the date of the order it is not possible to charge the credit card the amounts due by the Customer (or, in the case of cash on delivery, the funds corresponding to these amounts are not available on the Mida Luxury Fashion bank account), it will not be possible to execute the contract and the order is considered canceled.
6. TRANSPORT AND DELIVERY
6.a. The Products will be delivered to the address indicated by the Customer in the order proposal. At the time of delivery, the signature of the Customer (or his delegate) is required. No deliveries are made to post office boxes.
6.b. For each order Mida Luxury Fashion will issue a specific purchase receipt which will be sent to the Customer via e-mail or post in compliance with current legislation. The purchase receipt is issued on the basis of the information provided by the Customer when placing the order. Changes to the purchase receipt are not permitted after it has been issued.
6.c. Delivery costs are charged to the customer and are shown separately in the order form.
6.d. The purchased products will be delivered by courier selected by Mida Luxury Fashion (hereinafter “Courier”) on working days (with the exclusion, therefore, of Saturdays, Sundays and local or national holidays) from 9:00 to 18:00 : 00. Deliveries will be made within 2/4 working days from the date of the Order Confirmation (except in the event of force majeure or unforeseeable circumstances) excluding disadvantaged areas.
In case of non-delivery, the courier leaves a notice of passage on the intercom / in the mailbox, informing the recipient of the passage. A second step is automatically rescheduled the next day. If the recipient is still absent, the package is automatically returned to Mida Luxury Fashion.
6.e. The Customer (or his / her delegate) is required to check, upon delivery of the Products by the Courier:
(I) that the number of packages delivered corresponds to that indicated in the delivery note; and
(II) that the packaging and its seals are intact, not damaged, not wet or altered in any way.
Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the Courier’s delivery note. Once the Courier’s document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection about the external characteristics of the delivered package.
7. CONFIRMATION OF SHIPMENT AND DELIVERY
7.a. Mida Luxury Fashion will send the customer an e-mail confirming the shipment after the shipment of the products.
8. PACKAGING OR PACKAGING
8.a The Products purchased on the Site are delivered using the normal packaging used by Mida Luxury Fashion.
9. RIGHT OF WITHDRAWAL
9.a. Pursuant to Article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorized representative for receipt of the Product) materially comes into possession of the Product itself.
9.b. To exercise the right of withdrawal, the Customer must carry out the following procedure, within the deadline set out in the previous article 9.a .:
Via email:
• send an email to info@midaluxuryfashion.com specifying the order number and the reason for the return. In the case of a defective article, attach photographic evidence.
• the return request is received by the customer care which verifies and approves it;
• the customer receives an e-mail notification from the customer indicating the approval of the return, the directions for shipping the package and a document to be printed and attached to the package.
.
9.c. Within 14 (fourteen) days from the notice of withdrawal, the Customer must return the purchased product to Mida Luxury Fashion by sending it to the following address: Via dell’artigianato 8e, 52022 Cavriglia (Ar),
Italy. The costs for returning the product are borne by Mida Luxury Fashion. The Customer is required not to remove any labels applied to the Product. The product must be returned intact without tampering and manipulation.
9.d. Mida Luxury Fashion will refund the sums corresponding only to the purchase of the sales products and not the ancillary costs, no later than 10 days from the date on which the return was delivered to the Mida Luxury Fashion headquarters. The refund will be made with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and on condition that the Customer does not have to incur additional expenses for this refund. If the purchase was made using a discount code, the amount of the discount will not be refunded. The refund will be related only to the amount actually spent.
9.e. Once the product has been shipped, the order can no longer be canceled or modified.
10. CONFORMITY DEFECTS
10.a. If a Product sold by Mida Luxury Fashion should show a manufacturing defect and in any case for any alleged lack of conformity relating to Products sold by Mida Luxury Fashion, the Customer is required to immediately contact the online assistance, by e-mail.
10.b. The sale of the Products is subject to the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code, as defined below. Pursuant to these regulatory provisions, the Customer has the right to obtain the restoration of conformity of the goods by repair or replacement (the Customer can choose whether to obtain the repair or replacement of the Product under the conditions provided for by law), at no cost to him, or, in the event that one of these remedies is not successful (in accordance with the provisions of Article 130, paragraph 7, of the Consumer Code), it will be able to obtain an appropriate reduction in the price of the Products or the termination of the contract.The Customer loses these rights if he does not report the lack of conformity to Mida Luxury Fashion within the term of 2 (two) months from the date on which he discovered this lack of conformity. The direct action to assert a lack of conformity not intentionally concealed by Mida Luxury Fashion is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product.
10.c. In the event that the Customer requests the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to Mida Luxury Fashion of the Product to be repaired or replaced, as well as all related costs upon delivery to the Customer of the repaired or replaced Product, they remain the responsibility of Mida Luxury Fashion.
11. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
11.1. Mida Luxury Fashion guarantees the authenticity of all Products purchased on the Site. The “Mida” branded products are made with Italian materials and are all MADE IN ITALY.
11.2. The “Mida” trademark, as well as all the figurative and non-figurative trademarks and service marks, present on the Products, on the related accessories and / or packaging, of the shape marks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of the following company: Tuscany 2018 srls .
12. APPLICABLE LAW AND JURISDICTION
12.1. These General Conditions and, consequently, the contracts concluded with the Customers, are governed by Italian law and must be interpreted on the basis of it (including Legislative Decree No. 206 of 6 September 2005, “Consumer Code” and, in in particular, the “Chapter I, Title III of Part III” as well as the Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”).
12.2. Any dispute arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the mandatory jurisdiction of the judge of the place of residence or domicile of the Customer.
13. CONTACTS
13.1. For further information and assistance on the Site or on online purchase methods, the Customer can contact Mida Luxury Fashion at the following addresses:
Tuscany 2018 srls
Via dell’artigianato 8e
52022 Cavriglia (Ar)
Italy
+39 331 755 3760
info@midaluxuryfashion.com