These General Conditions of Sale have as their object the purchase of products remotely via the computer network on the site “www.miliari.it”, managed by EFC S.r.l., based in Eboli (Sa) at via Aversana n. 8, VAT number 05977100659 (from now on only “Miliari”). Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree. 206/05; the information aimed at the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as regards the protection of confidentiality, it will be subject to the legislation referred to in Legislative Decree 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
Contracts for the sale of products on the “www.miliari.it” website are considered concluded when the purchase order placed by the customer is received from Miliari and the latter confirms it by email. Miliari will promptly send the customer a receipt of the purchase order made by the customer. The customer, by sending his purchase order electronically, declares to have read and accepted these general terms and conditions and undertakes to observe and respect them in his relations with Miliari.
TREATMENT OF PERSONAL DATA
Miliari in accordance to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired also verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired within the company’s activity, will be processed in compliance with the aforementioned legislation , including the confidentiality obligations provided for by them In relation to the aforementioned, the rights referred to in Article 7 of Legislative Decree 196/2003. OBLIGATIONS OF THE CUSTOMER The Customer is required, before submitting their purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, the Customer is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the contract conclusion phase.
OBLIGATIONS OF THE CUSTOMER
The Customer is required, before submitting their purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, the Customer is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the contract conclusion phase.
DEFINITION OF THE ORDER
By sending the online order, the Customer sends Miliari a proposal to purchase the product and / or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale. Miliari will notify the Customer of the acceptance and confirmation of the order. Miliari will not accept orders if the customer cannot or does not want to pay using credit cards (Paypal) or bank transfer.
The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein plus the delivery costs specified on the site. Before submitting the purchase order, the unit cost of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the related delivery costs. Once the purchase order has been forwarded, the customer will receive an e-mail message from Miliari certifying the receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price and costs. delivery, applicable taxes and means of payment. All information on the general contract conditions and information about the existence of the right of withdrawal, the conditions and methods of its exercise are present on the site and are expressly accepted by the customer at the same time as the order is sent. Following the approval of the Decree Law of 4 July 2006 no. 223 “maneuver bis” Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which entered into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in the event of an issue invoice, and of the Law Decree 78 of 31 May 2010 converted into Law 122 of 30 July 2010, it is necessary to ask customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
The customer can make the payment choosing from the following methods. Payment with PayPal or by credit card: In the event that the consumer intends to pay by credit card, use the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by customers. For any information and further Legal Agreements, the Customer is referred to the website www.paypal.com. Payment by bank transfer: Payment by bank transfer can be made using the bank details on the order confirmation In the event that the payment is made by bank transfer, the order will be processed only upon receipt of the credit on our current account.
DELIVERY OF PRODUCTS
The goods delivered to the order supplied through the relevant invoice, is courier to the address specified by the Customer at the time of online. Any specific needs to be proposed by the customer. Miliari guarantees the delivery of the goods in Italy within 2-5 working days, in Europe, Asia, America and Africa within 7-10 working days, starting from the crediting on our accounts of the amount owed by the Customer. Should Miliari fail to guarantee delivery within the aforementioned terms, an additional 10% discount on the total cost of the items ordered will be applied as an all-inclusive penalty. The Customer cannot make any other claims against Miliari. In case of non-delivery due to the absence of the conferment, at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the conferment is still absent, the goods will be returned to the sender (Miliari) without this entailing the aforementioned penalty.
CONFORMITY GUARANTEE AND DEFECTIVE PRODUCTS
The products purchased on the website www.miliari.it are subject to the sale of consumer goods. The delivered products comply with the characteristics illustrated online in the relative descriptive and technical sheets. Miliari is liable to the customer for any lack of conformity existing at the time of delivery of the goods. For the warranty terms refer to the law.
RIGHT OF WITHDRAWAL
The consumer has the right to exercise the right of withdrawal. In particular, the consumer has the right to withdraw from any contract concluded with Miliari, without any penalty and without specifying the reason, within 10 (ten) ten working days from receipt of the goods. The right of withdrawal is recognized by the consumer in relation to any goods purchased by him on the website www.miliari.it.
METHOD FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforementioned deadline, a written communication to the Miliari address by registered letter with acknowledgment of receipt. In case of exercise of the right of withdrawal, the communication must be made to the following address: EFC S.r.l. Via Aversana n. 8 84025 Eboli (Sa)
If the goods have been delivered, the customer is required to return them to Miliari within 15 (fifteen) working days from the date of delivery of the goods. The goods must be returned to Miliari complete with all accessories, instruction manuals and everything originally delivered to the customer, as well as packed in its original packaging. The returned product must be accompanied by a copy of the electronic receipt of the order. The costs of returning the goods to Miliari are charged to the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Miliari is required to reimburse the sums paid by the customer. In particular, Miliari will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the customer’s exercise of the right of withdrawal. This operation will be carried out by crediting the sum to the bank account or to the PayPal account indicated by the customer. Miliari has the right to reject any product returned with methods other than those specified above, as well as products for which the return costs have not been fully paid by the customer, or the methods and times indicated for the communication of the exercise of the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In the event of total or partial failure to pay the purchase price of the Miliari asset, it reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s electronic address.
For any complaints or clarifications, the customer must contact the number 0828 1992137 or the e-mail address email@example.com. The customer will be contacted for clarification within 3 (three) working days from the request.
APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law. The exclusive jurisdiction and forum for any legal action brought by the Buyer under this warranty or any further legal guarantees will be the Court of Salerno. In the event of Miliari’s victory in a possible legal dispute, the plaintiff will have to reimburse Miliari for the expenses, including the fees of the lawyers and the court costs incurred for his own defense.
Although not expressly provided for in this contract, the rules of Italian law in force will be applied.