Terms and Conditions
1. PURPOSE OF THIS DOCUMENT
These General Terms and Conditions of Sale (hereafter "General Terms and Conditions") govern the sale of women's clothing and related accessories to final consumers (hereafter referred to as "Customers" or "Customer") of the Motivi collection (hereafter "Products") marketed by Miroglio Fashion S.r.l. (hereafter "Miroglio") through the designated website www.motivi.com/es (hereafter the "Site"), following the procedures set out therein.
Product sales between Miroglio and Customers shall be governed by these General Terms and Conditions.
Products may be marketed through the Spanish version of the site solely in Spain (Canary Islands, Ceuta and Melilla excluded).
For the purposes of these General Terms and Conditions, "final consumer" shall mean any natural person who acts for purposes other than any entrepreneurial, business, craft or professional activity performed.
The Products are marketed by Miroglio Fashion S.r.l., a company operating under the management and coordination of the sole partner Miroglio S.p.a. headquartered in Via S. Margherita no. 23 – Alba (CN), VAT no. 03232400048.
For any information regarding these General Conditions and/or purchases made on the basis thereof, the persons concerned may fill in the appropriate application form in the Customer Support Area of the Site.
2. PROCEDURE FOR CONTRACT CONCLUSION
The information and details contained in the e-commerce reserved area on the Site should not be considered offers: they simply constitute an invitation to customers to conclude business through the submission of purchase proposals.
The proposal to purchase the Products is formulated by Customers at the time of submitting the order form in electronic format that Customers shall complete and confirm in the order summary screen. Should the Customers wish to receive the invoice, they must select the appropriate option in the order form. There is also the option for the Customer to specify a shipping destination other than that shown when filling in their personal details. Once the order form has been sent, an order summary page is displayed and an order receipt confirmation email is sent.
By submitting the order form, the Customer accepts that any purchase agreement shall be governed by these General Terms and Conditions. Therefore all orders are subject to acceptance by Miroglio, which reserves, at its sole discretion, the right not to fill any order proposal in the event that:
- the data provided by the Customer when completing the Order Form are incomplete or incorrect;
- the Customer is not eligible as final consumer or does not meet the payment term requirements;
- the ordered Products are not available. To this end, Miroglio shall not be liable for any changes in the availability of certain Products. Should only part of the Ordered Products not be available and there are no other causes that may legitimise non-acceptance of the Order Proposal, Miroglio shall process the order proposal only for available Products.
In the above cases, Miroglio shall inform the Customer by e-mail that the order proposal has not been accepted (in whole or in part) and therefore the contract is not concluded. In said case, Miroglio shall refund the Customer for any amounts already paid by the latter.
The purchase agreement between the Customer and Miroglio shall only be concluded when the Customer's order is accepted by Miroglio. In said case, Miroglio shall send confirmation to the Customer that the purchase order is being processed to the email address provided by the latter.
3. PAYMENT TERMS AND CONDITIONS
3.1. Product sales prices, shipping charges and payment methods are those shown on the Site and are in Euro.
Product sales prices include VAT but do not include shipping charges, which shall be added to the total amount due.
Miroglio reserves the right to change the prices shown on the Site at any time. In no case shall Miroglio be liable for any price changes.
3.2 The Customer agrees to pay the price of the Products purchased using the following methods:
- Online credit card: Visa, Mastercard, Maestro payment. Credit Card payments are handled directly by Banca Sella's secure servers which, thanks to the use of 128-bit SSL encryption protocols, Verisign Certificate, guarantees the security of online transactions. For this reason, Miroglio does not become aware of the Customer's credit card details. Upon receipt of the order, Miroglio shall perform a pre-authorisation request on the Customer's credit card to ensure that the latter has sufficient funds to complete the transaction. Credit cards shall be subject to verification and authorisation by the issuer thereof. Miroglio shall not be liable for any failed authorisations by the entity in question. Once the contract has been concluded under article 2 above, the credit card charge shall be final;
- Paypal: in this case, the charge shall be debited upon order confirmation receipt. In the event that Miroglio should not accept the order proposal, the amount shall be credited back to the Customer.
4. PRODUCT SHIPMENT METHODS
4.1. The Products shall be delivered in the time frames and with the methods specified in the delivery service chosen by the Customer among the various options listed on the Site. Shipping costs for home delivery are at the Customer's charge and may vary according to the delivery service chosen. After shipment, Miroglio shall send a shipment alert email to the Customer with directions on how to monitor shipment. In the event of shipping delays due to causes non attributable to Miroglio, the Customer shall be promptly informed by Miroglio's customer service. Shipments are made only in the territory of Spain (Canary Islands, Ceuta and Melilla excluded).
4.2. Product risks are transferred to the Customer or third party designated by them upon delivery of the Products thereto. Risk is transferred to the Customer already at the time of delivery to the carrier if the latter has been chosen by the Customer and said choice has not been suggested by Miroglio.
5. RIGHT OF WITHDRAWAL
5.1. The Customer is entitled to withdraw without incurring any penalty and without specifying the reason within 14 days after receipt of the Products purchased under these General Terms and Conditions.
5.2. Withdrawal may be exercised within the time limit referred to in article 5.1 by sending to Miroglio an express Customer statement containing his/her intention to withdraw.
5.3. In order to simplify exercising the right of withdrawal, Miroglio provides the Customer with an appropriate return procedure on the Site, which may be easily initiated from the "My Orders" page under the Customer’s "Account" – "Returns and Refunds" – or, for Unregistered Users, through the "Follow Your Order" section. In said case, Miroglio provides the Customer with confirmation of the withdrawal exercised.
5.4. In order to exercise the right of withdrawal by the Customer, the Products which the Customer intends to return must be wholly intact. In particular, the Products must not have been used, worn, washed or damaged. The identification tag must still be attached to the Products with the single use seal, as well as the various composition and washing labels.
5.5. The Customer must exercise the right of return within 14 calendar days from the date of receipt of the Products. The Customer shall return the Products via courier. The Products must be returned within 14 days from the Customer's notification to Miroglio of his/her intention to withdraw. DHL may be used as the carrier using the prepaid label inside the package. In this way shipping costs shall be charged to Miroglio. The returned Products must be sent to Miroglio in one shipment only. The Products must be returned using the same shipping packaging. Details on how to return the products are available on the Site under "Returns and Refunds" and "Frequently Asked Questions".
6. TERMS AND METHODS FOR REFUNDING THE RETURNED PRODUCTS
6.1. If the withdrawal has been exercised under the terms and conditions set out in article 5 and the checks on the Products returned as a result of the withdrawal have been positive, Miroglio shall send the relative confirmation of acceptance of the returned Products to the Customer by e-mail.
6.2. As a result of the above, Miroglio shall refund the amounts paid by the Customer for the purchase, including delivery costs in the event of total return, net of any discounts and/or promotions.
The Customer shall only be responsible for the decrease in the value of the Products resulting from handling the same other than that required to assess their features. Return is free of charge using DHL express courier as well as the prepaid label contained within the parcel. Another courier can be used at the Customer's discretion: in said case the Customer shall bear the shipping charges. By performing return of all items ordered, the cost of the items shall be refunded (net of any discounts) as well as delivery costs. On the other hand, in the event of partial return of the order, only the cost of the returned items shall be refunded net of any discounts. In addition, from the time of delivery of the Products purchased back to the courier specified by Miroglio, Miroglio exempts the Customer from any liability in the event of loss or damage to the Products during transport.
Whatever the payment method used by the Customer, Miroglio shall perform the refund, as soon as possible and in any case within 14 (fourteen) days from the date on which Miroglio became aware of the right to exercise withdrawal by the Customer, subject to compliance with all the requirements for exercising the right of withdrawal. Refund shall be suspended until receipt of the Products. Refunds shall be made according to the payment method used when purchasing online.
6.3. If the recipient of the Products indicated in the order form does not match the person who paid the amounts due for their purchase, in case the right of withdrawal is exercised, the sums shall be refunded by Miroglio, in any case, to the person who made the payment.
7.1. The Products shown on the Site are original products of the "Motivi" brand. The features of each Product are listed on the Site under each product card, however the product’s colours may differ due to the Internet browser and screen used.
7.2 The Products are warranted for any defects of conformity existing at the time of delivery, as set forth in articles 130 and 132 of the Italian Consumer Code. In the event that the Customer deems that the Products purchased are defective, he/she may return them using one of the following methods:
- through the return procedure provided on the Site;
- or send them to Miroglio Fashion S.r.l. ("Motivi") - Via G. Nogaris 20, 12060 - Bra - Fraz. Pollenzo.
7.3 Miroglio shall carefully examine the returned Product (which must have the various composition, washing and brand labels) and shall either confirm or not acceptance of the returned Product. In the event of acceptance of Defective Products, Miroglio shall repay the sums paid to the Customer.
8. PERSONAL DATA PROTECTION
With reference to all the requirements regarding the collection, processing of the Customer’s personal data and related purposes, please refer to the relevant information contained on the Site.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
The General Terms and Conditions of Sale are governed by Italian law and specifically by Italian Legislative Decree no. 206, 6 September 2005 (Consumer Code) with specific reference to regulations concerning distance contracts, as amended by Italian Legislative Decree no. 21, 21 February 2014 and by Italian Legislative Decree no. 70, 9 April 2003, on certain aspects of electronic commerce.
Any dispute regarding the validity, interpretation or execution of these General Terms and Conditions of Sale shall be referred to the jurisdiction of the court where the Customer has domicile or residence.
Miroglio contact details are as follows:
Address: Via Santa Barbara 11 – 12051 Alba (CN)
Online Customer Service
Pursuant to articles 1341 and 1342 of the Italian Civil Code, I also declare to expressly accept and approve the provisions contained in articles 2 (procedure for contract conclusion), 3 (prices and payment terms and conditions), 4 (Product shipment method); 5 (right of withdrawal); 6 (terms and conditions of Product return), 7 (Products), 8 (personal data protection), 9 (applicable law and dispute settlement).