Welcome on the site www.galleriamia.it.
These terms of sale regulate the contract of the products sale on the site www.galleriamia.it between MIA S.r.l., Rome-based – 224, via di Ripetta, Rome, 00186, VAT number 09977551002 (in the following text “MIA” and the client).
INFORMATION ABOUT PRODUCTS
All available products are described in detail on the relative page of the site. We always try to present and describe in the most accurate way each product characteristic through pictures and models provided by the designers. We have a continuous developing policy for our products, so that we can offer what we consider the best design at the best price. That’s why we can modify the specification of the product, the price, the packaging and any other associated service at any time and without notice. We suggest you to check with attention the product sheets before ordering. We work hard to provide the best images and descriptions, but unfortunately we can’t promise that the pictures’ colours and the details will be 100% accurate.
The bought products are available after the conclusion of the order. If the request date sent to the supplier or to the stock will be deferred, the Client will be informed as soon as possible. If we’ll be not able to order the products to the supplier for any reason (insufficient number of products, production problems, etc…), the Client will be informed, the order will be cancelled and the Client will be totally refunded.
The conversion in different currencies is purely approximate; the prices are expressed in Euro (€) and include VAT depending on the belonging commodity categories. The prices written on the product sheet do not include the shipping costs.
- “Site” is the web site www.galleriamia.it dedicated to the sale of design and furniture products.
- “Client” is the subject (physical or legal person) the makes the purchase on the Site accepting the sale general conditions.
- “Order” is the request form of the for sale goods that the Client has to fill in on the Site.
- “Products” are the for sale goods on the Site under the general sale conditions.
- “Price” is the amount of the goods’ sale.
- “Contract” is the remote contract that regulates the products sale under the general sale conditions.
- Products are sold under the terms and conditions of the contract that are published on the Site during the order. When you buy products you fully accept, without reservations, the present general sale conditions that will be valid and effective unless MIA S.r.l. won’t change and/or modify them. Possible change and/or integrations will be effective starting from the date of publication on the Site and will be employed on sales from that date.
- The contract is considered settled and binding when MIA S.r.l. sends the order confirmation to the client’s email that the client himself has provided during the registration on the site.
- The Client can cancel the Order without any burden in every moment before the products are delivered to one of the Galleriamia.it stocks. If the delivery to the stock occurred, the Client will have to do a cancellation exercising his right of withdrawal by 14 days from the delivery and paying at Galleriamia.it the costs of the product restitution.
- Prices and products can change without the obligation of notice.
DELIVERY TIMES AND METHODS – COMPLIANCE BLEMISHES
Shipping costs can change depending on the delivery address: extra costs could be added in case of faraway or hard to reach place. The checkout page will show the exact cost amount depending on the inserted postcode.
The products will be delivered to the indicated address – specified by the client – by courier.
The client must accurately fill in all delivery information. MIA S.r.l. is not responsible for missed delivery because of wrong delivery address or telephone number. In these cases, the Client will pay all additional costs.
Delivery times depend on ordered Products: generally the delivery for job order takes from 8 to 14 weeks, depending on the ordered quantity too. For MIA S.r.l. times are approximate and not strictly binding.
Regarding available products, shipping times can take from 3 to 7 working days.
For MIA S.r.l. times are indicative and not strictly binding.
Galleriamia.it provides to the Client the possibility to keep track of the Order status.
Depending on weight, size and quantity of the ordered Products, different methods could be adopted to deliver your order.
In case of unavailability of one or more products after the order, MIA S.r.l. can proceed with the shipment of the other products ordered by the Client. The incomplete delivery is considered valid and does not allow the client to benefit from additional compensations but those ones provided for by law – for the products that cannot be delivered and for the eventual extra cost of the paid amount regarding the products that have not been delivered.
From the moment of delivery, the property and the risk regarding the transport of the products are made over the client.
Before making the Order, the Client has the responsibility to verify the complete possibility to receive the Product; this includes that the Product can get through the front door of the house, across the staircase and all the settings necessary to the delivery.
The Client considers and accepts that the shipping availability could be not real-time up-to-date because of the possible simultaneous access of many people on the Site. For this reason the real availability of Products – in comparison with that shown on the Site – can change during the day.
In accordance with Articles 130 and 131 of Legislative Decree No. 206/2005, MIA is responsible for two years, starting from the date of delivery, for possible compliance blemishes of the Products at the moment of delivery, in particular it’s responsible for flawed or damaged products. The Client falls from his rights provided for by Art. 130, clause 2 of Legislative Decree No. 206/2005 if he doesn’t communicate to MIA the revealed compliance blemish by two months from the time that he noticed it.
MIA will take care of products that will be damaged, flawed or nonstandard with the contract and will bear the expense by an adequate time, changing the object with other Products that have the same quality and name, available in its stocks.
If the replacement with a same quality or a same name product is not possible (for example because of its unavailability), MIA will refund the entire amount paid by the Client for the damaged, flawed or nonstandard product and the shipping cost (or, in case of multiple deliveries, will pay possible extra charge for the damaged, flawed or nonstandard product).
The Client could take charge of some products assembly.
- The Client declares and guarantees: (i) that he’s a consumer as provided for by Art. 3 of Usage Code; (ii) that he’s adult; (iii) that the details that he gave for the Contract are correct and valid.
- Starting from the first order, the Client will be automatically signed up and will receive a general password that he can modify by means of the link in the confirmation email. The client undertakes to communicate the correct, true and complete details regarding: personal data and contacts and other information that are useful for the order shipment.
- The client will pay the price of bought products and will conserve a copy of the order confirmation sent by MIA S.r.l. to the email address, indicated by the Client himself during the registration on the Site.
PRICE AND PAYMENT
- Prices are expressed in Euro (€); prices in other currencies are purely approximate and include VAT depending on the belonging commodity categories. The prices written on the Product sheet do not include shipping cost.
- The amount will have to be paid at the moment of the order creation by means of prepayment with credit card. The accepted cards are CartaSi, Visa, VisaElectron, American Express, Mastercard, Diners Club. The Client will have to make sure at his issuer bank that he can make web purchases with his card, that he provided all the right details and that he owns the password for the Verified by Visa and SecurCode by Mastercard security circuits, depending on the case.
- The use of credit card for online purchases is a practical and safe method. The Site undertakes to keep secret all information regarding both credit card and personal details. All the Client’s private elements are coded during the transmission with the SSL technology (Secure Sockets Layer), adopted all over the world as the safer. Later, all the details are filed in safe servers, faraway from possible Internet connections. The Client has to verify that his browser is compatible with the SSL technology to close the order
- The parts won’t be responsible for the delay of their obligations’ fulfilment, according to the contract, if this delay is caused by circumstances beyond their rational control. The part delaying because of force majeure will benefit from a terms extension that is necessary to perform these obligations.
COPYRIGHT AND BRANDS
- Brands, logos and other various particularities on the Site belong to the respective owners.
- The use by unauthorised third parties of brands, logos and other particularities is forbidden – even the reproduction on other websites.
- The subjects of the site (texts, graphics, images and animations) are copyrighted
RIGHT OF WITHDRAWAL
- Under the article 55, second clause of the Consumer Code, the Client won’t have the right of withdrawal in the following cases:
- Supply of custom-made packed or personalised products or that cannot be shipped back or that risk to decline themselves or to quickly alter themselves.
- Newspapers, periodicals or magazines supply.
- The Client will benefit from the right of withdrawal sending a written communication by email and specifying the reference number of the order confirmation.
- Internet sale is regulated by articles 50e ss. and 64 e ss. of Legislative Decree 206/2005 (Consumer Code). The regulations provide for the right of withdrawal from contracts guaranteeing to the consumer the right to give back the bought product and to obtain the refund of the total paid expense by 14 days from the delivery. The refund does not include the shipping fees for the following return.
- In addition, the Client cannot benefit from the right of withdrawal if the product is not intact, like:
- Without the original packaging.
- Without completing elements of the product.
- If the Client damaged the product.
RETURN OF PRODUCTS
- To give back products, benefitting from the right of withdrawal, the Client must contact MIA S.r.l. by fourteen (14) days to open the return process. The client service will organise the return process contacting the courier that will go to the same delivery address to bring back the returning product, intact and packaged as originally.
- Products must be carefully returned in their original package, in perfect conditions so that they can be sold (not damaged, ruined or dirtied by the client). Costs and risks depending on the product’s return are carriage paid.
- Refunds will be paid to the credit card by 30 (thirty) days from the delivery of the products to the stock. The refund includes the purchase money of the ordered products and the paid shipping cost. Nevertheless, the Client must pay the shipping cost of the return.
- In case of technical and/or administrative problems you can contact the client service: Email: firstname.lastname@example.org – Telephone number: 06 45678551 from Tuesday to Saturday, from 10.30 am to 02.00 pm and from 3.30 pm to 7.30 pm.
- The Clients of Galleriamia.it can receive the newsletter with updated products, services and promotions; Galleriamia.it makes the newsletter.
- Under Art. 130, clause 4 of Legislative Decree No. 196/2003, in the matter of the right mentioned in point 11.1, MIA can exercise that right without the Clients’ expressed approval, unless they refused this use of personal details during the registration on the Site or later- through the link in the footnote of the received emails or sending a proper communication at the following email address: email@example.com.
EXCLUSIONS: B2B PURCHASES
- The conditions expressed in this document, where derogatory in favour of the buyer according to the legal regulations for the transactions object of the conditions themselves, are exclusively destined to buyers that are “Consumers” under Article 3 of Consumer Code (Legislative Decree No. 206/2005).
- In case of buyers that are not “Consumers” under Article 3 of Consumer Code (Legislative Decree No. 206/2005), the same conditions won’t not be extended to the purchases done, if notwithstanding in favour of the same buyers under the same applicable legal regulation for the transaction made. If not differently disposed in this article, the present applicable legal regulations will be put in practice.
In particular, the right to withdrawal as referred to in Article 8 of the present contract is only reserved to “Consumers” under Article 3 of Consumer Code (Legislative Decree No. 206/2005), that’s why legal and physical subjects acting in favour of their professional activity cannot benefit from this right.
Notwithstanding the general law as referred to in Article 14.2, as above-mentioned, the parts agree that the law applicable at the present contract will be the Italian law, even in case of buyers that are not “Consumers” under Article 3 of Consumer Code (Legislative Decree No. 206/2005).
- Notwithstanding the general law as referred to in Article 14.2 as above-mentioned, the parts agree that if the buyers are not “Consumers” under Article 3 of Consumer Code (Legislative Decree No. 206/2005), in case of any controversy the binding competent court will be that of Milan.
- All details, necessary to the contract, given by the client will be treated under regulation of Legislative Decree No. 196/2003 regarding the “Personal data protection”. For further information please contact the “Privacy” section.
- Pictures and texts are purely for example and could be different from the product or modified without notice. As a consequence, MIA cannot be the responsible for eventual mistakes regarding products compared to those images or illustrative texts.
- MIA cannot be considered responsible for violation of the present contract in case of lack or unavailability of the product, force majeure, breakdown, total or partial strike of postal services and transports and/or telecommunications
APPLICABLE LAW AND COMPETENT COURT
- The Italian law regulates the present contract. In case of controversy, the competent court is that of the Client’s place of residence and/or home.