Online Sales Terms and Conditions
1. PURPOSE OF THE ONLINE CONTRACT
- “Supplier”: MYIN s.r.l., with registered office and main establishment in Italy, in Cernusco sul Naviglio (MI) – 20063, via Carlo Cattaneo 11 – tax identification and VAT no. 11281640968 duly registered at the Chamber of Commerce of Milan − REA (Administrative Business Index) 2591659 − provides all users with the opportunity to purchase its products by e-commerce means, via the site, myin.it, of which it is the sole, exclusive proprietor.
- “Consumer”: the natural person purchasing for purposes not linked to any commercial, industrial, artisan or professional activities;
- “Professional”: the natural person or body corporate purchasing for purposes linked to commercial, industrial, artisan or professional activities;
- “Client”: the parties that, as Consumers or Professionals, purchase the Products via the site, myin.it, in accordance with the Terms and Conditions herein;
-“Website”: the e-commerce website www.myin.it
2. GENERAL SALES CONDITIONS
The Sales Conditions herein are applied by the Supplier solely to Customers purchasing by means of the Website.
The Supplier reserves the right to modify, from time to time, the General Conditions herein should such modifications be required to ensure compliance with later legal rules, or in the light of technical aspects, or in view of manners of sale adopted by the Company, or in order to more adequately protect the rights of the Parties. From time to time, the latest version of the General Sales Conditions shall be published on the Web Site. In any case, each purchase is subject to the General Conditions valid at the time of submission of the Customer’s order.
Customers must carefully read the Sales Conditions herein, made available by myin.it to be stored and reproduced.
The Sales Conditions are governed by the Italian regulations concerning sales, and, where applying, by the Codice del Consumo (consumer code) (Legislative Decree 206/2005 as amended), section II, Contratti a distanza (remote contracts) (articles 50-67) and are also governed by the regulations applying to electronic commerce (Legislative Decree no. 70/2003).
3. REGISTERING ON THE SITE AND OPENING AN ACCOUNT
3.1. In order to purchase any products displayed on the Website, the Customer must be registered and must the fore have opened an account on the Website. In order to make a purchase, it is therefore necessary to access the Website by means of the credentials already obtained following completion of the registration procedure.
3.2. To create a new Website account, the Customer must (i) correctly fill in the fields of registration form with all the information required (e.g. name, surname, date and place of both, electronic mail address, domicile, username and password), (ii) confirm that he/she has examined the privacy disclosure on the Website, in the event, providing further consent; and (iii) confirm the registration.
3.3. When opening a Website account, the Customer must choose a username and password, abiding by the criteria for creation of a password as published from time to time on the Website. The Customer acknowledges that the credentials enabling access to the Website are personal and must not be divulged or transferred to third parties. The Customer agrees that the password is confidential, and shall immediately inform the Supplier in the event of unauthorised use of the account or loss or theft of the access credentials. To do so, he/she shall submit a notice of the event, in writing, to the Supplier at the address as specified in article 16. The notice shall include both a detailed description of the event and a copy of the Customer’s identity document. On receiving the Customer’s notice, the Supplier shall block the access credentials and shall provide the Customer with new access credentials. The Company is not to be held liable for any loss or damage arising out of the Customer’s failure to properly safeguard the password or to inform the Supplier of unauthorised use, loss or theft of the password.
3.4. Registration on the Website is free of charge. However, (i) the Customer shall sustain the cost of the Internet connection used to access the Website, as per the tariffs, terms and conditions set by the Customer’s operator, and (ii) the Customer, for purchase of a product by means of the Website, must make over to the Company the sum due for the said product.
3.5. Following registration on the Website, the Customer shall receive an e-mail message at the address indicated at the time of registration.
3.6. The Customer may terminate the account at any time by e-mail, sent to the Supplier at the e-mail address given in article 16, below. On receipt of the said notice, all contractual relations between the Supplier and the Customer shall cease – over and above any orders for purchase submitted prior to termination – whereupon the username and password of the Customer shall be deleted.
4. PLACING AN ORDER
4.1 > The products, with their prices, as displayed on the Website, are on sale in accordance with the procedures set forth in the Sales Conditions and on the Website itself. The conditions applying to the goods regard only sales effected via the myin.it site. The purchase contracts entered into via the myin.it site are entered into with MYIN s.r.l.
4.2 The order may be placed by filling in the order form available on the Website. On placing orders, Customers acknowledge and declare that they have examined all the indications provided while purchasing and that they fully accept the General Sales Terms and Condition.
4.3 > The basic characteristics of the Products are as presented on the myin.it site. The images and colours of the products on offer may not fully tally with those truly present since it is technically impossible by digital means to perfectly render the colours concretely produced. Customers agree to run the risk of any slight discrepancy of tone. However, the order must correspond as to colour class and class of product.
4.4 The order procedure terminates when the order has been received by the Supplier. On receipt, the Supplier shall acknowledge the same by means of a missive of Confirmation of the Order sent by e-mail to the Customer at the address given for the account during registration. The Confirmation of the Order shall provide a brief summary of the terms of the order, namely the articles selected, the prices thereof, the address for delivery, the order number, any other pertaining information, and the condition applying to the order.
4.5 The Customer undertakes to check that the information on the Confirmation of the Order is correct and to immediately inform the Supplier of any discrepancies. Possible extra costs shall be sustained by the Customer if due to errors not indicated.
4.6 After checking that the products are available, the Supplier shall issue the invoice/receipt for the said items. The invoice shall be issued when the Confirmation of the Order is issued. A hard-copy invoice shall be delivered when the order is delivered. The invoice shall be as per the information provided by the Customer. It shall not be possible to modify the data following issuance of the invoice.
4.7 Occasionally. the products on sale may become in part or wholly unavailable. In such cases, the Supplier undertakes to promptly inform the Customer. Should the unavailability last more than 60 days, the Supplier shall inform the Customer accordingly. The Customer is entitled to cancel the order and to full reimbursement. Should an order be cancelled for the above reasons, the Supplier shall duly issue a credit note.
In the event of a sale to a Consumer, the deadline of 30 days applies or a supplementary period applies such as the consumer accords to the Supplier, as per art. 61 of Legislative Decree 206/05.
5. SELLING PRICES
5.1 > The prices of the products on sale are indicated in Euros including VAT, costs of transport and ground floor delivery throughout Italy. The prices of the products are those indicated on the myin.it site at the time the order is placed.
5.2 For the services of “delivery to the floor indicated” and of “delivery to the floor indicated and assembly and/or wall-mounting” the extra charge may be selected by the Customer when ordering and requesting the service by filling in the fields with the information required for provision of the service (specifications regarding the floor of delivery, presence of lift, and so forth).
5.3 The prices of the products indicated on the myin.it site may present with errors or omissions. They are therefore not to be considered correct and/or final until the Customer receives the Confirmation of the Order, which is the sole document attesting to the obligations mutually accepted by the parties.
5.4 The prices of the customised products, which are those modified by the Supplier on the basis of specific requests of the customer (e.g. original graphic design solutions, inclusion of wordings, altered colours) are not indicated on the myin.it site, and are subject to separate commercial negotiations with MYIN s.r.l.
5.5 Customers who wish to purchase customised products may make enquiries by e-mailing firstname.lastname@example.org with the understanding that they will be contacted directly by the Supplier to finalize the project.
5.6 Following Customer requests for customisation, the Supplier shall draw up an estimate, including the price of the products and of the services requested by the customer, the time schedules, manners of delivery foreseen and methods of payment.
5.7 The estimate is to be approved by the customer by means of confirmation by way of reply via certified electronic mail to the address email@example.com. The customer shall then receive a notice of Confirmation of the Order at the electronic mail address specified and given when registering and used during all steps required to finalise the order.
5.8 When the Confirmation of the Order has been issued, the Supplier shall execute the project according to the time schedule and procedures set forth in the contract, and the Customer undertakes to abide by the conditions formally approved.
5.9 Should the Customer, who has already fully approved the estimate for completion of the customised project, request, as the work is in progress, modification of the project, the Supplier shall draw up an updated estimate for the requested modifications and shall submit it to the customer for approval as per the procedure under paragraph 5.7.
5.10 The selling price estimate updated and approved as above shall nullify and replace the commitments of the previous document.
5.11 Once the customised project has been fully approved, the Customer shall receive a notice of Confirmation of the Order. From that time onward, the Sales Conditions applied are those indicated in the above article, herein.
6. TERMS OF PAYMENT
6.1 The price is due as from the time of ordering. Payment is to take place online using a credit card or via PayPal.
6.2 By selecting payment by PayPal, the procedure is implemented for payment by means of the technology of PayPal, which manages its own payment systems (e.g. prepaid cars) and key credit card systems (e.g. “Visa” and “Mastercard”). Should the customer fail to complete the payment procedure, the purchase shall not be made. The order shall be ineffective, and the Supplier cannot under any circumstances be held responsible for any detriment or harm, either direct or indirect, arising out of any delay in issuance on the part of PayPal of the sum agreed upon.
6.3 At the time of issuance of the notice of Confirmation of the Order, the sum corresponding to the products purchased shall be charged to the Customer who authorises the Supplier to credit to its own current account the entire sum indicated as the cost of the online purchase.
6.4 The Supplier shall not be held liable for any fraudulent, illicit use of credit cards and other means of payment by third parties, at the time of payment for the product purchased. Indeed, at no stage of the purchasing procedure is the Supplier familiar with the details concerning the Customer’s credit card, which shall be transmitted directly to the Banking Institution managing the service; the Supplier is thus unable to ascertain the lawfulness and legitimacy of origin of the credit instrument used by the Customer.
6.5 Professionals placing an order must provide their tax data (VAT number and univocal code) for invoicing purposes.
7. DELIVERY PROCEDURES
7.1 The Supplier guarantees that the products purchased in Italy and San Marino shall be delivered to the ground floor, from Monday to Friday, not including holidays.
7.2 The Customer may purchase the Service consisting in “delivery to the floor indicated” and “delivery to the floor indicated and assembly and/or wall-mounting”, the extra charge for which is to be selected by the Customer when ordering the service. When ordering, the Customer shall provide the information required for provision of the service (specifications regarding the floor of delivery, presence of lift, passage widths and so forth).
7.3 The date of delivery is planned for when customers place the order (in any case, by 30 working days at the latest as from stipulation of the contract.
7.4 The Customer is to be notified that the time is indicated on the basis of average time schedules and that such conditions may vary and therefore are not contractually binding or to be considered essential by the Customer.
7.5 The Supplier undertakes in any case to notify the Customer in a timely manner of any delays in delivery of the item which are at variance with the time schedules indicated during the ordering procedure.
7.6 In the event of a delay in delivery for reasons obtaining after the manufacturing stage (when the item has been completed), the Customer shall not be entitled to terminate the contract, since the Supplier has already manufactured the item.
7.7 In any case, the Supplier shall not be held liable for any failure to perform that may be ascribed to force majeure − such as accidents, explosions, fire, strikes and/or lock-outs, earthquakes, flooding and so forth − that may impede wholly or in part shipment of the goods or observance of the time schedules indicated for delivery.
7.8 The Customer shall in no case be entitled to claim damages or compensation from the Supplier for detriment or harm, direct or indirect, to persons and/or objects due to failure to process the order and/or to delays in the manufacturing and/or delivery procedures for the item, this provision not regarding any Supplier liability (whether contractual or not laid down by contract) owing to gross negligence, and in any case with the limitation that sums shall not exceed twice the value of the purchase made.
7.9 Delivery of the product is provided by a carrier, courier or specialised conveyor whose services are engaged by the Suppliers.
7.10 Without prejudice to any express order to the contrary on the Customer’s part, the Supplier reserves the right to fulfil the order also by means of deliveries effected in part, following notice accordingly provided by telephone to the customer.
7.11 If the addressee is absent at the time of delivery, the carrier whose services are engaged by the Supplier shall leave a note at the address indicated by the customer and shall then attempt delivery twice. Should these attempts fail, the products shall be deposited at the carrier’s warehouse for 2 (two) working days, and the Customer shall be obliged to collect the goods in the manners indicated by the carrier (place, time).
If collection does not take place as indicated by the carrier, the products shall be returned to the Supplier, who shall reimburse the price of the products while charging the transport costs to the Customer. This procedure in the absence of the addressee also validly applies to purchases of “delivery to the floor indicated” and “delivery to the floor indicated and assembly and/or wall-mounting”, the costs for which cannot be reimbursed.
7.12 When the products arrive the customer must check that the packing is perfectly dry, intact and undamaged or not tampered with or altered in any way, this provisions also regarding the material used to close the packing.
If the packing and/or product has clearly been damaged, the customer may refuse to accept the goods, and the products shall be returned to the supplier at no cost to the customer.
Once the transport and delivery documents have been signed, the customer may make no claims regarding the outward appearance of the unpacked products delivered.
7.13 The Customer who has ordered and paid for “delivery to the floor indicated and assembly and/or wall-mounting” shall be contacted by the conveyor and a fitter, who shall be engaged by the Supplier, in order to arrange for the day and time for the service to be provided at the address indicated by the customer when ordering. Hence, the appointment shall be planned according to the availability of the customer and to the plans of the fitter engaged.
7.14 For the service of “delivery to the floor indicated” and of “delivery to the floor indicated and assembly and/or wall-mounting”, the carrier will be entitled not to carry out the delivery should the floor of delivery not be as specified in the order. Any resulting additional costs are to be sustained by the Customer.
7.15 For the service of “delivery to the floor indicated and assembly and/or wall-mounting”, the Customer undertakes to clear and prepare the workspace in which the tasks are to take place. Delivery and assembly and/or wall-mounting shall be entrusted to fully qualified and reliable operatives, these tasks not including disassembly and/or disposal of packing and/or of any items of furniture or other material already present in the workspace.
7.16 After the service of “delivery to the floor indicated and assembly and/or wall-mounting” is provided, and as the fitter prepares to leave, the Customer shall check that:
●the item is that ordered;
●the items and all parts thereof are intact, undamaged and in any case unmodified;
●during transport or assembly and/or wall-mounting the operatives have not damaged any other furnishings, decor, flooring, walls or other items.
If the controlling customer approves, he/she shall sign the transport document, the delivery document and the service form attesting that assembly and/or wall-mounting have been carried out satisfactorily.
Should any flaw and/or damage be noted, notice to the fitter thereof should be provided on the delivery note and service form a well as to the Supplier, by e-mailing firstname.lastname@example.org.
8. CONSUMER’S RIGHT TO WITHDRAW
8.1 The Consumer is entitled to withdraw from the Sales Contract for purchase of non-customised products, this entailing no penalties or obligations to provide an explanation, within 14 days of receipt of the product.
8.2 The right to withdraw provided for by art. 64 et seqq. of Legislative Decree 206/2005, does not apply to Sales Contracts for purchase of customised products and/or made-to-measure items or items produced according to specific indications of the Customer, as expressly indicated in the Consumer Code (art. 55 par. 2 lett. d) of Legislative Decree 206/2005.
8.3 Once purchase of the customised item has been fully approved, with confirmation of the project and estimate submitted by the Supplier, and issuance of the pertaining Invoice, the Customer, therefore, as consumer or professional, can no longer quite simply reconsider the matter and demand that the contract be terminated and that the price be reimbursed, since the Supplier is already working on, or has already worked on, the product the specifications of which are as ordered by the Customer.
8.4 Should Consumers decide so, and be entitled to avail themselves of the right to withdraw from a contract for sale of a non-customised item, they must provide the Supplier with notice to this effect by means of the form downloadable here. The notice must be provided by means such as prove receipt on the part of the Supplier, hence the entire form transmitted must be filled in, and the invoice for purchase must be attached. These documents may be submitted by registered letter to MYIN s.r.l. – Via Carlo Cattaneo, 11 – 20063 Cernusco sul Naviglio or by certified e-mail to email@example.com
8.5 On exercise of the right to withdraw, the Consumer must return the product within 7 days, by shipment to the registered office and main establishment of MYIN – Via Carlo Cattaneo, 11 – 20063 Cernusco sul Naviglio.
8.6 For the purposes of exercise of the right to withdraw, the Consumer must arrange for shipment and packing that are appropriate for the type of product, so that the returned product shall be fully intact.
In any case, for entitlement to reimbursement of the price paid, the product as returned must be intact, in a normal state of repair, in its original packing, and with the complete range of items initially making it up. When shipping, the Customer must apply externally to the packing, the notice of withdrawal and the Order number.
8.7 The costs for return of the product shall be borne by the Consumer.
8.8 On receipt of the notice of withdrawal and of the product returned intact, in a normal state of repair, in its original packing, and with the complete range of items initially making it up, the Supplier shall conduct the necessary checks and shall reimburse the portion of the price and costs of preparation and conveyance of the products returned within 14 days of notice of withdrawal.
9. LEGAL WARRANTY FOR CONSUMERS
9.1 Pursuant to Legislative Decree 206/2005 Consumer Code, all the products on sale via the myin.it site are subject to the legal warranty for Consumers, in the event of non-conformity.
9.2 Product non-conformity obtaining within 24 months of delivery must be reported by the Consumer within 2 months. In order to benefit by the legal warranty, Consumers must send the report by means of the form downloadable here to be submitted by certified e-mail to firstname.lastname@example.org or registered letter to MYIN s.r.l. via Carlo Cattaneo, 11 – 20063 Cernusco sul Naviglio (MI). The form must be accompanied by photographic documentation illustrating the declared flaw or defect. An account must be provided of the nature and extent of the pertaining flaw and/or defect, as well as a copy of label identifying the product to be found, attached below the product on the back, a copy of the invoice of purchase and a copy of the transport document. Notices not corresponding to the above specifications and without the above contents cannot be considered valid as a report submitted prior to the date of expiry indicated above.
9.3 The warranty herein applies only if the product has been used correctly, given its size and the capacities as specified on the product data sheet, with specification of thickness and sturdiness. The warranty does not apply following misuse of the item. In any case, breakages or damage resulting from assembly and/or wall-mounting by the Customer are not to be considered flaws. This warranty provides no cover for any non-conformity resulting from negligence or careless use of the item, or damage due to conveyance (which must be reported to the carrier as indicated above), and resulting circumstances that cannot in any case be ascribed to manufacturing defects and/or non-conformity of the product as ordered.
9.4 In cases of non-conformity, the Consumer, at no expense, may request from the Supplier one of the following:
●repair or replace the product purchased;
●a reduced price of the sale;
●terminate the Sales Contract.
9.5 The Consumer must ensure that the items delivered are available for inspection if required by the Supplier.
9.6 On determining that the report is not baseless, the Supplier shall, where possible, replace the non-conforming or defective products with products in the same quantities and of the same quality as those that are the subject of the sales contract. In such cases, the Supplier can demand that the defective products be returned at the expense of the Customer.
9.7 The Supplier shall not be held liable for any further (present or future) harm or injury and/or losses occurring to the Customer. The Supplier shall be liable solely for the value of the goods supplied and found to be defective.
10. RIGHT TO WITHDRAW AND WARRANTY FOR PROFESSIONALS
10.1 The Consumer Code reserves the right of withdrawal solely to Consumers (natural persons purchasing items unrelated to their professional, commercial or business activities). The right to withdraw therefore cannot be exercised by body’s corporate or natural persons acting in furtherance of any professional end.
10.2 In regard to warranties for Professionals against product flaws. Art. 1490 et seqq. of the Italian Civil Code apply. Professionals may invoke the guarantee on condition that they do so within eight days of discovery of the flaw and within 12 months following delivery.
10.3 In order to exercise the aforesaid right Professionals may also submit a report to MYIN s.r.l. via Carlo Cattaneo, 11 – 20063 Cernusco sul Naviglio (MI) or by certified e-mail to email@example.com in the manners indicated in the above article herein.
11. PROCESSING OF PERSONAL DATA
The data of the Customer are processed by the Supplier as per the regulations governing protection of personal data (Regulation (EU) 2016/679 – GDPR).
See the privacy disclosure at the following link.
The Customer, fully under his/her own responsibility and holding harmless the Supplier in regard to any untoward consequences, guarantees that his/her data provided when accepting the general conditions herein and when ordering are truthfully provided and are such as shall enable identification of the Customer, who also undertakes to inform the Supplier immediately of any change to the data provided, in writing and also by e-mail or fax.
The Customer is also aware of the need to provide the Supplier with a valid e-mail address so that the latter may confirm the order and issue any other notice.
All notices must be submitted to the Supplier at the following addresses:
- MYIN s.r.l. – via Carlo Cattaneo n. 11, 20063 Cernusco sul Naviglio Milan
- certified e-mail firstname.lastname@example.org
13. Applicable Law and Court of Jurisdiction
13.1 The General Sales Conditions herein are governed by, and construed, in accordance with Italian law. Hence, interpretation, execution and termination of the General Sales Conditions are subject solely to Italian law. Any disputes inhering in and/or consequent to the said conditions are to be heard only before the Italian courts.
13.2 In regard to Customers acting in a business, commercial, artisan or professional capacity, the parties mutually agree that the sole court of jurisdiction is that of Milan.
13.3 For consumers, the imperative territorial competency applies as per art. 66 bis of Legislative Decree 206/2005.
13.4 It is acknowledged that disputes may be settled by mediation procedure, as per Legislative Decree 28 of 4 March 2010.
Procedures may be adopted for joint, voluntary negotiation as per article 2, par. 2, of the said Legislative Decree 28 of 4 March 2010. These procedures include the platform instituted by the European Commission for settling disputes regarding online sales contracts (the “ODR Platform”). By means of the ODR Platform, the User and the Company may settle disputes regarding online purchases with the assistance of an impartial body. The ODR Platform can be accessed via the following link.
In accordance with, and for the purposes of, art. 1341 et seqq. of the Italian Civil Code and as per the consumer code, the following clauses must be specifically approved (“point & click” mode):
4.3 to run the risk that the colours selected do not fully tally with the colours that are concretely present.
4.7 to waive the essential nature of the delivery deadline
7.4 again, to waive the essential nature of the delivery deadline
7.8 to curb the liabilities of the Supplier
7.11 to run the risk of costs that cannot be reimbursed
7.13 again, to run the risk of costs that cannot be reimbursed