TERMS AND CONDITIONS
General conditions of Sale
1.1. The website www.naturalmila.com, owned by MILA srl, with registered office in Via Cottolengo 22 / a, 10072 Mappano (TO), in the person of its representative Massimo Marzano MRZMSM66S07L219A, registered at the Chamber of Commerce of Turin, at the n. REA: TO -790141 of the Business Register, VAT number 06481140017, (hereinafter also "Mila") was created to carry out the retail sale of Made-in-Italy full-beauty beauty products, by way of example and not exhaustive: creams, detergents, perfumes, etc. (hereinafter also the "Products").
1.2. The following are the terms and general conditions that govern the relationship between the Customers (as defined below) and Mila with regard to the sale of the Products.
2. SCOPE OF APPLICATION
2.1. These general terms and conditions of sale (hereinafter "CGV") apply to purchases of the Products present in the Naturalmila electronic catalog at the time the order is placed and which can be viewed online at www.naturalmila.com (hereinafter the "Site "). The images accompanying the description of a product are for illustrative purposes only, to allow the best perception of the various colors. The images of the Products may not exactly match the product itself, but differ in color and size, even in the accessories shown in the figure.
2.2. These GCS can be modified and / or updated at any time by Mila.
2.3. Any changes and / or additions will be effective from the date of publication of the same on the Site.
2.4. The customer who accesses the Site to make purchases may be a consumer with the following meanings: (i) the natural person acting for purposes unrelated to the business, commercial, craft or professional activity carried out (hereinafter "Consumer Customer") or a professional means with this: (ii) the natural or legal person acting in the exercise of his business, commercial, craft or professional activities (hereinafter referred to as "Professional Client" and where it is not necessary to distinguish them within the present General Terms and Conditions also separately "Customer" and jointly the "Customers") is required, before sending the order, to read carefully these GTC that have been made available to him on the Site and that will be available at any time by the Customer through the link contained in the e-mail confirming each order to allow it to be played and stored.
3. APPLICABLE LAW
3.1. The legislation expressly referred to for distance contracts is provided for in Section II of Legislative Decree 6 September 2005, n. 206 (Consumer Code) s.m.i. and for sales with electronic tools by Legislative Decree 9 April 2003, n.70 s.m.i ..
3.2. The sales contract stipulated between the Customer and Mila will be governed and interpreted in accordance with Italian law.
4.1. In order to be able to purchase the Products on the Site - without this procedure implying a purchase obligation on the registrant - each Customer must register with the Naturalmila website choosing a username and password and providing the following personal data:
- name, surname / business name;
- date of birth.
and when an order is placed, the following will also be requested:
- residence address / location;
- telephone number;
- shipping address if different from residence / location;
- tax code or VAT number.
4.2. The data provided to Mila will be stored at the registration, the processing of the aforementioned data is subject to the privacy legislation, pursuant to and for the purposes of Legislative Decree No. 196/2003 and of EU Regulation no. 679/2016 (c.d. GDPR); the Customer may modify this data at any time by accessing his profile on the home page.
4.3. The username to access the reserved area of the Site will consist of the e-mail address used for registration.
5. CONCLUSION OF THE CONTRACT
5.1. The contract of sale between Mila and the Customer must be concluded with the acceptance of the order by Mila. Acceptance will be sent by Mila to the e-mail address communicated by the Customer when registering on the Website.
5.2. This confirmation message will contain Date and Time of execution of the order and an 'Order Number', to be used in any further communication with Mila's staff. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the procedures described in this document.
5.3. In case of non-acceptance of the order, the staff of Mila ensures timely communication to the customer.
5.4. In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, to place an order the Customer must:
- insert a Product in the cart by clicking on the related icon near the product;
- at the end of the selection of the Products included in the cart, to proceed with the purchase, the Customer must click on the "Place Order" button;
- the customer must then register, log in with his credentials to the site or enter his data for a quick purchase without registering on the site;
- the Customer can choose the method of delivery and must accept without reserve the present GCS;
- the Customer can thus proceed to the payment of the Products and delivery costs in the following ways: i) Visa or Mastercard credit cards, VPay Diners Club International, JCB, Maestro circuit cash machine; (ii) Paypal express checkout; iii) cash on delivery or with any other methods provided on the Website (as regulated in the following paragraph);
- at the end of the order the Site will automatically assign a unique number that will be shown on the final page of the purchase summary;
- Mila, after checking the payment and the actual availability of the Product in case of multiple purchases as provided below in point 6.7, will transmit to the Customer the order confirmation which will contain the following information: i) number and date of the order; ii) details of the product / s, quantity, price; iii) type of payment chosen; iv) cost of delivery; v) total order amount;
- the Customer undertakes to verify the correctness of the data in the order confirmation e-mail and to report any errors to Mila.
5.5. Once the online order has been submitted, the Customer must print, save an electronic copy or keep these GCS as required by Legislative Decree no. 206/2005.
5.6. By placing an order in accordance with the procedures on the Site, the Customer declares to have read all the information provided during the purchase procedure, to have understood them and to fully accept the GCS shown here.
5.7. These GCS are an integral part of the sales contract concluded between the Customer and Mila.
5.8. Only products that are materially available in stock can be ordered on the Website. The integrated functionality of the availability of items in stock is precise, however there may be small delays in communication between the actual stock and the situation reported on the Site. As a result, the availability of the article in some rare cases may not be guaranteed with certainty. If one or more items ordered are not immediately available for shipment, it will be our staff, depending on the consistency of the order and the time required for the reassortment, choose to proceed with one of the following solutions:
- immediately process the available material and send the missing products as soon as they are available again, without any charge for the additional shipping costs;
- contact the customer who will choose whether to receive the material in a single solution, delaying the fulfillment of the order, or cancel from the order products not available immediately.
5.9. In case of multiple purchases of Products, at the same time, by several Customers, Mila reserves the right to verify, upon receipt of the order, the availability of the Product and, failing that, to promptly notify the non-acceptance of the order sent.
5.10. Inserting a Product in the cart does not involve the commitment to complete the purchase of the same. The Customer, as long as he has not completed the procedure for the purchase of the Products, may: i) change the quantity and / or delete the Products already included in the cart; ii) add other products to the cart.
5.11. Within the "my account" section in the Client's reserved area on the Website, you will be able to view your account information, monitor the status of the order, any return requests and make delivery requests to multiple addresses.
5.12. The order will be stored in the Mila database for the time necessary to execute the order and, in any case, according to the law.
6. PAYMENT METHODS
6.1. Credit / debit card.
In case of purchase of the Products with payment methods Visa, VPay, Diners Club International, JCB, Maestro debit cards, at the conclusion of the online transaction, the reference bank will authorize the sole commitment of the relative amount to the purchase made. The amount related to the goods evaded, even partially, will actually be charged to the customer's credit card only when the goods are evacuated from our warehouse. In case of cancellation of the order, both by the Customer and in case of non-acceptance of the same by Mila, will be requested at the same time by our staff cancel the transaction and release the amount involved. The release times depend exclusively on the banking system and can reach their natural expiry date (24 days from the authorization date). Once the transaction has been canceled, under no circumstances may Mila be held responsible for any direct or indirect damage caused by delay in the non-release of the amount committed by the banking system. In the event that the customer's order is processed beyond the 23rd day from the date of submission, Mila will still charge the customer's credit card for the amount due, even if in advance on the material delivery of the goods, in order to avoid the expiry of authorization of the transaction (24 days). Mila reserves the right to request additional information from the Customer (eg landline number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, Mila reserves the right not to accept the order. At no time during the purchase process Mila is able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the site of the bank that manages the transaction. No Mila computer archive will retain this data. Under no circumstances may Mila be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products purchased on www.naturalmila.com.
6.2. Pay Pal In cases of purchase of goods with PayPal payment methods, together with the conclusion of the online transaction, PayPal will immediately charge the amount related to the purchase made.
7.1. The selling price of the Products is expressed in Euro and includes VAT and any other tax due at the time of purchase.
7.2. All sales prices of the Products displayed and indicated on the Site constitute a public offer pursuant to art. 1336 of the Italian Civil Code, subject to price variation by Mila.
7.3. The sale price is considered valid until the communication of the acceptance of the order.
7.4. Any discount codes (%, 1 + 1, 3x2 or other mechanical), unless otherwise explicitly indicated, must always be considered as non-cumulative.
7.5. The shipping costs and any additional charges (eg customs clearance), if any, even if not included in the purchase price, will be indicated and calculated in the purchase procedure before the order is sent by the Customer and also contained in the summary web page of the order placed.
8.1. Each order sent is accompanied by a detailed Transport Document as requested by the D.P.R. 21 December 1996 n. 696. The invoice will be issued only if requested at the time of order indicating the number of its VAT number in the appropriate field. The document can be downloaded from the specific section in your account at www.naturalmila.com.
NB: It is not possible to request the invoicing of an order previously processed.
9. MODALITIES AND EXPENSES FOR DELIVERY OF PRODUCTS
9.1. Mila will promptly deliver the Products purchased via express courier, exclusively on the Italian territory and in the countries belonging to the European Union.
9.2. The Products will be delivered within 15 working days from the purchase, unless a different term has been agreed between the parties. The aforementioned delivery times are for reference only and, although usually respected, Mila does not undertake any commitment or guarantee of their respect.
9.3. In no case, therefore, may be placed on Mila direct and / or indirect damages for delayed delivery.
9.4. The delivery takes place from Monday to Friday in the normal working time (9-18).
9.5. Mila assumes no responsibility for disservices due to force majeure if it fails to execute the order within the time stipulated in the contract.
9.6. Upon delivery of the Products by the courier, the Customer must check that:
- the number of packages delivered corresponds to what is indicated in the accompanying document;
- the Products indicated on the packaging correspond to what actually indicated on the invoice / receipt;
- the packaging is intact, not damaged nor altered even in the closing materials (adhesive tape or strap).
9.7. The Customer acknowledges that the withdrawal of the Product is his precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the goods are in storage after 3 delivery attempts. The customer is left with the "notice" of non-delivery. After 10 days of storage the goods are sent back to the sender. In case of non-collection of the Product within five working days from the first delivery attempt, Mila can invoke the termination of the contract right pursuant to art. 1456 c.c. Once the contract has been resolved, the total amount eventually paid by the Customer will be reimbursed, minus the costs of delivery of the failed Product and the return costs.
9.8. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately reported by the Customer in the transport document.
9.9. In any case, no responsibility can be attributed to Mila in case of delay in the order or delivery of the order.
9.10. Delivery costs, which will depend on the destination, weight and volume of the Products, are charged to the Customer and are clearly stated when the order is placed. The payment of the goods by the Customer will take place using the method chosen when ordering. Nothing is owed more by the Customer than the total order highlighted at the end of the purchase procedure.
9.11. Delivery costs, except for special Mila exclusive promotions, must always be considered to be paid by the Customer. Mila is committed to keeping shipment costs up-to-date and publishing them on the SHIPMENTS page
10. RIGHT OF WITHDRAWAL
10.1. Pursuant to and within the limits of art. 52 of the Consumer Code, the Consumer Customer is entitled, within 14 calendar days from receipt of the Products purchased, to exercise the right of withdrawal, consisting in the possibility of returning the Products received and obtaining the reimbursement of the price paid, without penalty and without having to provide any reasons.
10.2. The aforementioned term starts from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires the physical possession of the Product or:
- in the case of Multiple Products ordered by the Consumer Customer through a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires the physical possession of the last Product;
- in the case of delivery of goods consisting of lots or multiple pieces, from the day on which the Customer Consumer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.
10.3. However, this right can not be exercised:
- in the case of purchases of less than 50 euros (unless the total amount that the Consumer Customer has to pay independently of the amount of the individual contracts exceeds 50 euros);
- in the case of supply of tailor-made or clearly personalized goods;
- in the case of the supply of sealed goods that can not be returned for hygienic reasons or related to health protection and have been opened after delivery;
- in the case of supply of goods which, following delivery, are inseparably mixed with other goods.
10.4. The Customer who decides to exercise the right of withdrawal must send a written communication to Mila by registered letter with return receipt to Mila srl, in Mappano, 10072 Via Cottolengo 22 / a, or pec, and may anticipate such communication via e-mail. mail to firstname.lastname@example.org, which will not replace the registered letter.
10.5. Mila following the withdrawal of the Customer Consumer, within 24/48 hours from the receipt of the communication of exercise of the withdrawal, will have to communicate by e-mail to the Consumer Customer a confirmation of the receipt of the desire to withdraw from the same.
10.6. According to the law, the Customer is responsible for the shipping costs for the return of the Products to be sent to the following address: MILA Srl - Via Cottolengo, 22 / A - 10072 Mappano (TO) - Italy, within fourteen days from the date in which he communicated to Mila his decision to withdraw from the contract (the deadline is met if the Consumer Customer sends back the goods before the expiry of the period of fourteen days).
10.7. In case of damage to the goods during transport, Mila will inform the Customer of the event (within the 5th day after receipt of the goods in their stores), to allow him to promptly report his complaint to the courier chosen by him and obtain a refund the value of the asset (if insured); in this case, the Product will be made available to the Customer for his return, simultaneously canceling the request for withdrawal.
10.8. Mila is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; upon its arrival in the warehouse, the Product will be examined to assess any damage or tampering not caused by transport. If the returned product is damaged, Mila will deduct a percentage from the refund due, as a contribution to the restoration costs.
10.9. Mila will also have to reimburse all costs incurred by the Consumer Customer (purchase of the Product and delivery of the same product, are obviously excluded for delivery) within 14 days from the communication of the right of withdrawal, and in any case upon receipt of the Return Product, by Bank transfer or PayPal. It will be the Customer's responsibility to promptly provide the bank details on which to obtain the reimbursement (name, surname, account holder, IBAN code).
10.10. The right of withdrawal is however subject to the following conditions:
- Mila Products are sold in special packs; these packages are considered an integral part of the Products. Therefore, for the purpose of the regular exercise of the right of withdrawal by the customer, the purchased product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging) .
- the return, until the certificate of receipt by Mila, is under the full responsibility of the Customer;
- Mila is not responsible in any case for damage, theft or loss of returned Products;
- upon arrival at the return address indicated above, the Product will be examined to assess any damage or tampering not caused by transport.
10.11. The Consumer Customer will forfeit the right of withdrawal for lack of the essential condition of integrity of the Products (packaging and / or its contents), in the cases in which Mila ascertains:
- the lack or damage of the outer packaging;
- the lack or damage of the original internal packaging;
- the absence of integral elements of the Product (accessories, parts);
- damage to the Product for reasons other than transport.
10.12. In case of forfeiture of the right of withdrawal, Mila will return the purchased Product to the Consumer Customer, charging the same to the shipping costs and will not refund the paid price.
10.13. It is specified that the right of withdrawal as regulated in this clause is reserved only for Consumer Customers; there is no right of withdrawal for Professional Customers.
10:14. In case of need for communication regarding returns and complaints you can send an email to email@example.com or call n. +39 0119980081.
11.1. In the event of lack of conformity, or delivery of goods that present defects or faults or is different from that provided in the contract of sale, that is unsuitable for the use to which a good of the same type is normally used, different from the description published on the website o that does not manifest the promised qualities, the provisions of the Legal Guarantee are applied by the articles 128 and following of the Legislative Decree 205/2006 (Consumer Code).
11.2. Any malfunctions or malfunctions caused by accidental events or by the Customer's responsibility or by use of the Product that does not conform to its intended use and / or as provided in the technical documentation attached to the Product are excluded from the scope of the legal guarantee.
11.3. Mila is responsible when the lack of conformity occurs within two years from the delivery of the Product, unless a conventional guarantee is provided beyond that time limit.
11.4. The Consumer Customer is required to report the defect or defect to Mila within two months of discovery (unless Mila has recognized or concealed the existence of the defect).
11.5. The action aimed at asserting the defects not maliciously concealed by the seller is prescribed within the term of twenty-six months from delivery of the goods (the Consumer Customer that is agreed for the execution of the contract can nevertheless always assert the rights referred to in this article provided that the lack of conformity has been reported within two months from the discovery and before the expiry of the two years from delivery).
11.6. In the event of lack of conformity, the Consumer may request, without expenses (including shipping costs), the restoration by repair or replacement, at his choice, unless remedy is objectively impossible or excessively burdensome with respect to the other.
11.7. The above remedy is considered to be excessively burdensome if it imposes unreasonable expenses to Mila in comparison with the other, taking into account: a) the value that the Product would have if there was no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.
11.8. The replacements will be carried out within a reasonable time from the request and must not cause significant inconveniences to the Customer Consumer, taking into account the nature of the Product and the purpose for which it was purchased.
11.9. The Consumer may request, at his choice, a reasonable price reduction or the termination of the contract if one of the following situations occurs:
- substitution is impossible or excessively burdensome;
- Mila did not replace it within a reasonable period;
- the replacement previously carried out has caused considerable inconvenience to the Customer Consumer.
11.10. After reporting the lack of conformity the seller can offer the Customer Consumer any other remedy available, with the following effects:
i) if the Consumer Customer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences on the commencement of the appropriate term for repairs or replacements, subject to acceptance by the Customer Consumer of the proposed alternative remedy;
ii) if the Consumer Customer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.
11:11. A minor conformity defect, for which it has not been possible or it is excessively burdensome to carry out the replacement remedy, does not give the right to terminate the contract.
11.12. The legal guarantee is limited to purchases made by Consumer Customers. With regard to Professional Customers, the provisions of the Civil Code apply to articles 1490 and ss ..
12.1. Any complaint must be addressed to: Mila s.r.l. - Via Cottolengo 22 / a, 10072 Mappano - Italy.
12.2. Complaints made via email or contact form of the site are not accepted and considered valid.
12.3. For any problems or anomalies found, before embarking on the road of complaint, the customer is invited to contact the Mila staff through the appropriate section on the website. In almost all cases, any problem is solved within a few hours.
13. TREATMENT OF PERSONAL DATA
The Customer's data are processed by Mila in compliance with the provisions on personal data protection pursuant to and for the purposes of Legislative Decree no. 196/2003 and of the EU Reg. N. 679/2016, as specified in the information provided on the Website.
All content on www.naturalmila.com, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright law and by the law protecting the Marks (Law 22 April 1941 No. 633 and subsequent amendments, Royal Decree No. 929 of 21 June 1942 and subsequent amendments) and are covered by copyright. The website www.naturalmila.com may also contain images, documents, logos and trademarks of third parties that have expressly authorized Mila S.r.l. to the publication. The reproduction, even partial of the contents, texts, documents, brands, logos, images, graphics, is forbidden. Any abuse will be prosecuted according to the laws in force.
15.1. Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated on-line through the Site is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Consumer Customer and in any case the jurisdiction of the State is competent. Italian.
15.2. Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated online through the Site with a Professional Client, instead, will be the exclusive jurisdiction of the Court of Turin.
16. FINAL NOTES
Mila believes in the quality of its products and tries to offer the best quality ingredients on the market. Given this, take note of the following:
- make sure you are not allergic to any of the ingredients of the products before application;
- Mila can not be held responsible for any reactions to the ingredients of the products sold;
- none of our products should be used as a substitute for medical treatment or clinical treatment;
- the information published on www.naturalmila.com are not intended as treatments or treatments for dermatological problems and in no way must be considered as such;
- the advice given on www.naturalmila.com or provided by Customer Service is for information purposes and does not in any way replace the opinion of a doctor;
- please consult your doctor for any questions.