Terms and conditions of use
Effective from 31 August 2020 on the e-commerce platform “LaScarpaShop”, owned by Mintea Srl
1. Scope of application and conclusion of the contract
1.1 These General Conditions of Sale govern the offer and online sale of products and/or services specifically indicated by Mintea Srl, via the “La Scarpa” website, hereinafter referred to as the “Products”.
1.2 The sale of Products via the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.
1.3 These Conditions of Sale apply to all sales of Products made by Mintea Srl through the Site and do not apply to the sale of products and/or services by Third Party Sellers reached via links from the La Scarpa site. They may be modified at any time. Any changes will be effective from the moment of their publication on the Site in the "Conditions of Sale" section, present in the footer of each page of the Site. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the Conditions of Sale.
1.4 The applicable Conditions of Sale are those in force on the date of transmission of the purchase order for a Product. 1.5 Before proceeding with the purchase of Products via the Site, the user is required to carefully read these General Conditions of Sale, which Mintea Srl makes available to him in the "Conditions of Sale" section of the Site and which he is permitted to store and reproduce, as well as all other information that Mintea Srl provides him on the Site both before and during the purchase procedure.
1.6 These Conditions of Sale do not regulate the sale of products by parties other than Mintea Srl that are present on the Site via links, banners or other hypertext connections. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Mintea Srl is not responsible for the provision of services and/or for the sale of products by such parties. Mintea Srl does not carry out any checks and/or monitoring on the websites that can be consulted via such links. Mintea Srl is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.
2. Purchases on the Site
2.1 The purchase of Products through the Site can only take place after registering on the Site in the manner set out in art. 3 below and is permitted both to users who are consumers and to users who are not consumers. The purchase is permitted to natural persons only on condition that they are at least 18 years of age.
2.2 Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that a consumer is a natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
2.3 In the event of orders, from whomever they may come, which appear to be anomalous in relation to the quantity of products purchased or the frequency of purchases made, Mintea Srl reserves the right to undertake all actions necessary to put an end to the irregularities, including the suspension of access to the Site, the cancellation of registration on the Site or the non-acceptance or cancellation of irregular orders.
2.4 Finally, Mintea Srl reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these GTC and/or the conditions and/or terms of the purchase contract with Mintea Srl; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent Mintea Srl the documents requested by the latter within the procedure referred to in articles 9.1.3 and 9.1.4 below or who have sent invalid documents.
3. Registration on the Site
3.1 Registration on the Site is free. To register on the Site, the user must fill out the appropriate form, entering name, surname, e-mail address and a password and click on the "Continue" button. If registration occurs during the purchase process, the user will also be asked to enter the address, telephone number and tax code. Registration on the Site allows the user to carry out, through a reserved and personal area, among others, the following activities:
• track order status;
• consult your order history;
• access after-sales assistance services;
• manage your personal data and modify them at any time;
• add or modify saved credit cards or delete their storage;
• take advantage of the dedicated services that may be activated from time to time by Mintea Srl.
3.3 The registration credentials (e-mail address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them and to inform Mintea Srl immediately, by contacting it at the numbers in art. 14 below, in the event that he suspects or becomes aware of any improper use or improper disclosure of the same. Each user is permitted to register on the Site only once. The same user is prohibited from making multiple registrations. In the event that Mintea Srl should detect that the same user has made multiple registrations on the Site, Mintea Srl reserves the right to proceed, immediately and without the need for prior notice, to block the relevant account.
3.4 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold Mintea Srl harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of the registration credentials.
4. Information aimed at concluding the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Mintea Srl informs the user that:
1. to conclude the purchase contract for one or more Products on the Site, the user must fill out an order form in electronic format and send it to Mintea Srl, electronically, following the instructions that will appear from time to time on the Site;
2. the contract is concluded when the order form reaches the Mintea Srl server;
3. before proceeding with the transmission of the order form, the user may identify and correct any data entry errors by following the instructions on the Site in the various stages of the purchase;
4. the order form will be stored in the Mintea Srl database for the time necessary to execute it and, in any case, within the terms of the law. The user may access the order form and/or the data relating to it through his/her personal account.
4.2 The language available to users for the conclusion of the contract and for related assistance is Italian.
5. Product Availability
5.1 The Products that can be purchased from Mintea Srl via the Site are the items present in the electronic catalogue published on the “La Scarpa” Site at the time the order is placed. 5.2 Each Product is accompanied by an information page that illustrates its main characteristics (''Product Page''). By completing the purchase procedure, the customer therefore immediately proceeds to purchase the product, according to the methods indicated on the Site.
5.3 The availability of the Available Products is monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear, for a short period of time, available, but may instead be out of stock or not immediately available, and it may be necessary to obtain restocking.
5.4 If the Product is no longer available for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Mintea Srl will immediately notify the user by e-mail ("Unavailability Notice E-mail"). The user may therefore immediately terminate the contract, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code, without prejudice to his right to compensation for damages, or alternatively and without prejudice to this right, accept one of the following proposals from Mintea Srl:
(i) if it is possible to restock the Product, an extension of the delivery terms, with an indication of the new delivery term of the restocked Product;
(ii) if it is not possible to restock the Product, the supply of a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the user.
The Unavailability Notice Email will also contain an indication of the different options available to the user. The user's choice must be communicated to Mintea Srl by email, to the address indicated in art. 15 below, within the timeframe indicated in the Unavailability Notice Email, which may be different, also based on the type of Product, but which, in any case, may not exceed 30 calendar days from the sending of the order, unless otherwise agreed between Mintea Srl and the user by email.
5.5 In the event that the user avails himself of the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code or in the event that the user, having been informed of the subsequent unavailability and of the different options to choose from, pursuant to art. 5.4 above, does not communicate any choice to Mintea Srl within the time limit set in the Unavailability Notice Email or within the different time limit agreed upon, pursuant to art. 5.4 above, and the payment of the total amount due, consisting of the price of the Product, delivery costs, if applicable, and any other additional costs, as resulting from the order ("Total Amount Due") has already occurred, Mintea Srl, without prejudice to the user's right to compensation for damages, will refund the Total Amount Due without undue delay and, in any case, within 14 working days from the day of termination of the contract or, respectively, from the day following the expiry of the term indicated in the Unavailability Notice Email or in a different agreed term. The amount of the refund will be communicated to the user via email. In the case of payment by PayPal, this amount will be credited to the same payment method used by the user for the purchase. In the case of payment by credit card, within the same term indicated above Mintea Srl will proceed to cancel the Payment Authorization, pursuant to art. 9.1.1 below, and to the release of the Total Amount Due subject to such authorization, it being understood that such release will occur, in any case, automatically, upon expiry of the Payment Authorization referred to in art. 9.1.1 below. Any delays in crediting or releasing may depend on the banking institution, the type of credit card or the payment solution used. In other cases, Mintea Srl will ask the user to provide, via email, the bank details necessary to carry out the refund. 5.6 In the case of orders concerning a plurality of Products (''Multiple Order''), if the subsequent unavailability concerns only some of the Products subject to the Multiple Order - without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of articles. 5.4 and 5.5 above, if the subsequent unavailability concerns all the Products in the order – Mintea Srl will immediately notify the user via the Unavailability Notice Email. The user may therefore immediately terminate the contract, limited to the Product and/or Products that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code, without prejudice to his right to compensation for damages, or alternatively and without prejudice to this right, accept one of the following proposals from Mintea Srl:
(i) if it is possible to restock the Products which are the subject of the Multiple Order and which have become unavailable, an extension of the delivery terms relating to such Products, with an indication of the new delivery term for the same;
(ii) if it is not possible to restock the Product and/or Products that have become unavailable, the supply, in replacement of the Products in the Multiple Order that have become unavailable, of different products of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to express acceptance by the user.
The Unavailability Notice Email will also contain an indication of the different options available to the user. The user's choice must be communicated to Mintea Srl by email, to the address indicated in art. 15 below, within the timeframe indicated in the Unavailability Notice Email, which may be different, also based on the type of Product, but which, in any case, may not exceed 30 calendar days from the sending of the order, unless otherwise agreed between Mintea Srl and the user by email.
5.7 In the event that the user exercises the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code, the purchase contract concerning the Product and/or Products that have become unavailable will be partially terminated, limited to such Product/s, with the consequent refund, if already paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in art. 10.3 below, and any other additional costs due specifically in relation to such Products ("Partial Amount Due"); the termination of the entire Multiple Order will be possible only in the case of evident and proven accessoriness of the Products that are the subject of the Multiple Order that have become unavailable with respect to the other Products that are the subject of the Multiple Order that are available. The Partial Amount Due in relation to the Product(s) that have become unavailable will be refunded to the user without undue delay and, in any case, within 14 working days from the day of termination of the contract. In the event that the user, notified of the subsequent unavailability and of the different options to choose from, pursuant to art. 5.4 above, does not communicate any choice to Mintea Srl within the term set in the Unavailability Notice Email or within the different term agreed upon, pursuant to art. 5.6 above, Mintea Srl, without prejudice to the user's right to compensation for damages, will proceed to refund the Partial Amount Due without undue delay and, in any case, within 14 working days from the day following the expiry of the term indicated in the Unavailability Notice Email or within the different term agreed upon. The amount of the refund will be communicated to the user via email. In the case of payment by PayPal, this amount will be credited to the same payment method used by the user for the purchase. In the case of payment by credit card, within the same timeframe indicated above, Mintea Srl will proceed to cancel the Payment Authorization, pursuant to art. 9.1.1 below, limited to the Partial Amount Due and to the release of this amount or, if this is not permitted by banking procedures, to debit the entire Total Amount Due at the time of shipment and to simultaneously reimburse the Partial Amount Due to the same payment method used by the user for the initial transaction, it being understood that the release will occur, in any case, automatically, upon expiry of the Payment Authorization pursuant to art. 9.1.1 below. Any delays in crediting or releasing may depend on the banking institution, the type of credit card or the payment solution used. In other cases, Mintea Srl will ask the user to provide, via email, the bank details necessary for the reimbursement. The termination of the purchase contract pursuant to the preceding articles entails the termination of the credit contract possibly connected and of any other possible accessory contract.
6. Product Information
6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products may, however, differ from the actual colours due to the settings of the computer systems or computers used by users to view them. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the usual tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will be valid.
7. Prices
7.1 All prices of the Products published on the Site are in Euros and include VAT. Delivery costs, which may vary in relation to the chosen delivery method and/or in relation to the payment method used, will be specifically indicated (in Euros and include VAT) during the purchase process, before the user is bound by the contract, in the order summary and in the order confirmation email.
7.2 Mintea Srl reserves the right to change the price of the Products at any time and even, possibly, several times during the same day. It is understood that the price of the Product that will be charged to the user will be the one indicated in the order summary, viewed by the user before placing the order, and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the order itself.
7.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate (i) the full reference price on which the discount is calculated and (ii) what such full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same.
8. Purchase orders
8.1 The purchase contract is subject to termination upon failure to pay the Total Amount Due or, in the case of payment by credit card, upon failure to successfully complete the Payment Authorization, as per art. 9.1.1 below. In the event that such payment does not occur or the Payment Authorization, as per art. 9.1.1 below, is unsuccessful, the contract will therefore be deemed terminated by operation of law. The user will be notified immediately of such termination and the consequent cancellation of the order: (i) immediately after the order has been sent, via the Site, if the user has chosen credit card as the payment method, and via email; (ii) via email, if the user has chosen one of the other payment methods made available by Mintea Srl, including PayPal.
8.2 Ownership of the Products will be transferred to the user at the time of shipment, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to Mintea Srl, will instead be transferred to the user when the user or a third party designated by him and other than the carrier, physically takes possession of the Products.
8.3 The user may cancel his/her order before receiving the Shipping Confirmation (as defined in art. 9.1.1), provided that the order has not been prepared for the shipping process. In this case, the user will not be charged any costs. In any case, the right of withdrawal is reserved under the terms and conditions set out in the following art. 11. 8.4 In order to send an order relating to a Product via the Site, it is necessary to read and carefully examine these GTC.
9. Payment Methods
9.0 Payment for Products purchased through the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and/or the delivery or shipping method. In the event that one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Site at the latest at the start of the purchase process. Unavailable payment methods will in any case not be selectable by the user during the appropriate step ("Choose payment and continue") of the purchase process.
9.1 Credit card
9.1.1 Payment for the Products purchased on the Site can be made by credit card directly through the Site. Mintea Srl The credit cards accepted are, in any case, indicated in the footer of each page of the Site. The Total Amount Due will be immediately reserved on the card but will not be charged until the Products are shipped (the “Shipping Confirmation”). Mintea Srl reserves the right to verify the validity of the credit or debit card, the credit status in relation to the value of the order and the correctness of the buyer's address (the “Payment Authorization”). The Payment Authorization is not a charge. Some banks show Payment Authorizations as "charges in progress". For further information regarding the authorization procedures and the release times of blocked funds, please contact your bank directly.
It is possible that the Authorization for Payment of the user's credit card will not be successful on the first attempt. In such event, Mintea Srl will notify the user through the Site and by email.
In case of a first order and/or changes to the current order, Mintea Srl may request a payment authorization of EUR 1.00.
Mintea Srl may refuse the order based on the results of such checks.
9.1.2 By selecting the "Save your credit card for future purchases" box on the "Make payment" page of the purchase process or by accessing the "Saved credit cards" section of your personal account, you can authorize the storage of the data of one or more credit cards and their reuse for the payment of subsequent purchases on the Site, thus avoiding having to enter the credit card data for each purchase. You can, at any time, revoke the authorization to reuse the credit card data for subsequent purchases by accessing the "Saved credit cards" section of your personal account and deleting the cards already saved or, during the purchase process, by clicking on the "Modify" button that appears next to the stored credit cards.
9.1.3 In order to guarantee the security of payments made on the Site and prevent any fraud, Mintea Srl reserves the right to ask the user, via email, to send, via the same means, a copy of the front/back of his/her identity card and, if the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The request email will specify the deadline by which the document must reach Mintea Srl. In any case, this deadline will not exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.1.4 In the event that Mintea Srl does not receive such documents within the time specified in the request email or receives expired or invalid documents, the contract will be considered terminated by operation of law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the order will consequently be cancelled, without prejudice to Mintea Srl's right to compensation for any damages it may incur due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified by email, no later than 5 working days from the expiry of the deadline for sending the documents requested by Mintea Srl, will result in the cancellation of the order with consequent reimbursement of the Total Amount Due, if paid, by crediting the same payment method used. In the event of timely receipt by Mintea Srl of the valid documentation requested, the delivery terms applicable to the order will run from the date of receipt of such documentation.
9.1.5 Mintea Srl uses the secure payment service of the Banca Di Credito Cooperativo del Catanzarese (BCC del Catanzarese) which provides for the use of the SSL security protocol. The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment manager.
9.2 Marking
9.2.1 Mintea Srl does not allow purchases on the Site by payment on delivery.
9.3 PayPal
9.3.1 Without prejudice to the provisions of art. 9.02 above, payment for the Products purchased on the Site may be made using the PayPal payment solution. If the user chooses PayPal as the payment method, he/she will be redirected to the site www.paypal.it where he/she will make the payment for the Products in accordance with the procedure established and regulated by PayPal and the terms and conditions of the contract agreed by the user with PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Mintea Srl. Mintea Srl is therefore not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected to that account.
9.3.2 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the reimbursement amount will be credited to the user's PayPal account. The times for re-crediting the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of that account, Mintea Srl cannot be held responsible for any delays or omissions in crediting the user with the reimbursement amount, for which the user must contact PayPal directly.
9.4 Bank Transfer
9.4.1 Without prejudice to the provisions of art. 9.02 above, payment for the Products purchased on the Site may be made by bank transfer. The bank details for making the transfer will be indicated on the "Payments" page accessible via a specific link from the footer of each page of the Site and in the order confirmation email. 9.4.2 Payment for the Products by bank transfer must be made no later than 7 calendar days from the date of the order. If this period elapses without payment, the contract may be considered terminated by law, with consequent reimbursement of the Total Amount Due paid late. Termination of the contract will be communicated to the user by email and the amount paid will be returned in the manner set out in art. 5.5, where applicable.
9.4.3 In the case of payment by bank transfer, the shipment of the Products will be carried out only after receipt by Mintea Srl of the transfer. Consequently, the delivery terms of the Products will start from that date. 9.4.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is required to indicate the order number in the reason for the bank transfer.
10. Delivery methods, costs and terms
10.1 Deliveries of the Products are made in the Italian territory and in the Republic of San Marino. The delivery obligation is deemed fulfilled by the transfer of the material availability or in any case of the control of the Products to the user.
10.2 At the time of shipment, an email will be sent to the user which will also contain the link containing the tracking number through which the user can check the status of the shipment.
10.3 Except for any promotional campaigns advertised on the site, delivery is subject to payment and, unless otherwise provided, delivery costs are the responsibility of the user.
10.4 In the order summary and, therefore, before the user proceeds to transmit the order, the total price of the order will be indicated, with a separate indication of the delivery costs and any other additional costs. This total, which will also be indicated to the user in the order confirmation email, will constitute the total amount owed by the user in relation to the Product. For each sale made on the Site, Mintea Srl will issue the required tax document. For the possible issuing of the invoice, at the user's request, the information provided by the user at the time of transmitting the order via the Site and which the user guarantees to be true will be valid. No changes to the invoice will be possible after it has been issued. The user undertakes to hold Mintea Srl harmless and indemnified from any damage to the same that may arise, including any sanctions, in the event that the data provided by the user via the Site for the issuing of the invoice are not true.
10.5 The delivery of the Products purchased on the Site will be made to the postal address specified by the user in the order form filled out during the purchase process. The Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the order form. Home Delivery of the Product is intended to be at street level, unless otherwise indicated.
10.6 The user acknowledges that the collection of the Product is his/her specific obligation. If the Home Delivery method chosen by the user does not provide for delivery at an agreed time, in the event of failed delivery due to the recipient's absence, the courier will leave a notice to document the delivery attempt (so-called notice of passage). The notice will also contain the contact details where the user can contact him/her to arrange for redelivery or collect the package. After the failed delivery attempt, the package will be stored at the courier's. The user is required to collect the package within 3 calendar days starting from the second day following the day on which the Notice of Passage was left. In the event that the user does not collect the Product within this period, the purchase contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 cc Mintea Srl will then proceed, within 15 working days following the termination of the contract, to refund the Total Amount Due, if already paid by the user, deducting the costs of the unsuccessful Home Delivery, storage costs, the costs of returning to Mintea Srl and any other costs incurred due to the failed delivery due to the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user via email. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In other cases, Mintea Srl will ask the user to provide, via email, the bank details necessary for the refund.
10.6.1 The user is required to report any particular characteristics relating to the place of delivery of the Product and/or its location, by inserting a note in the order, in the appropriate space made available to him at the end of the purchase process and before sending the order. In the event that he does not provide such information or provides incorrect information, he will be responsible for any additional costs that Mintea Srl must bear to complete the delivery of the Product.
10.9 Delivery provisions
10.9.1 During the purchase process, before the user sends the order, the terms within which Mintea Srl undertakes to deliver the Products subject to the user's order will be indicated and which take into account, in addition to the area and the delivery method, also the possibility that the user purchases multiple Products with the same order. The delivery terms start from the conclusion of the contract, unless otherwise indicated. The delivery term of the specific order will also be indicated in the order confirmation. In the event of failure to indicate the delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
10.9.2 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Mintea Srl to make the delivery within an additional period appropriate to the circumstances ("Additional Period pursuant to art. 61, paragraph III, Consumer Code"). If such additional period expires without the Products having been delivered, the user is entitled to terminate the contract ("Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant Mintea Srl the Additional Period pursuant to art. 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) Mintea Srl has expressly refused to deliver the Products;
b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed Mintea Srl, prior to the conclusion of the contract, that delivery within or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (''Termination of the Contract in the Excluded Cases'').
The indication of the Additional Term pursuant to art. 61, paragraph III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the user to Mintea Srl at the addresses indicated in art. 15 below.
In the event of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination in the Excluded Cases, Mintea Srl will refund the user the Total Amount Due without undue delay. The refund will take place in accordance with the procedures set out in art. 10.9.6 below.
In any case, Mintea Srl undertakes to promptly notify the user by email of the delay in delivery (''Delay Notice Email''), indicating at the same time the new delivery deadline, if available (''New Delivery Deadline'') and, in the event that the user does not proceed with the setting of the Additional Deadline pursuant to art. 61, paragraph III, Consumer Code or, if the conditions are met, with the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or with the Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Mintea Srl undertakes, in any case, to:
(i) in the event of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Term, reimburse the user who requests it for the delivery costs, if already paid, within 10 working days from the expiry of the New Delivery Term or not request payment from the user who requests it, if not yet paid; (ii) in the event of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user who requests it to refuse delivery and to terminate the contract, with consequent reimbursement of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days from the request to terminate the contract or, alternatively, if the user does not wish to terminate the contract, reimburse the user who requests it for the delivery costs, if already paid, within ten working days from the request or not request payment from the user who requests it, if not yet paid;
(iii) in the event of a delay in delivery exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer the user who requests it, in addition to what is provided for in art. 10.10.2 (ii) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to the express consent of the user.
10.9.3 In the event of failure to send the Delay Notice email or failure to set the New Delivery Deadline in the email, all the terms referred to in art. 10.9.2 (i), (ii) and (iii) will run from the original delivery deadline.
10.9.5 Acceptance of the New Delivery Term, in the cases referred to in art. 10.9.2 must be promptly communicated to Mintea Srl by email to the address referred to in art. 14 below.
10.9.6 In all cases referred to in art. 10.9.2 above in which a refund is due to the user, the refund amount will be communicated to the user by email. It will be credited to the same payment method used by the user for the purchase, in the case of payment by credit card or PayPal. In other cases, Mintea Srl will ask the user for the bank details necessary to make the refund. Any delays may depend on the banking institution or the type of credit card used.
10.9.7 It is the user's responsibility to check the condition of the Product delivered to him/her. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Mintea Srl, is transferred to the user, when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products, the user is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps) and the user is invited, in his/her interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.
10.9.8 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code. The termination of the contract will be communicated to the customer via email.
11. Right of withdrawal from the purchase of Products
11.1 Without prejudice to the provisions of art. 11-bis.1 below, pursuant to articles 52 et seq. of the Consumer Code, the user who has the status of consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reason and without having to bear costs other than those provided for in articles 11.5 and 11.9 below, within the term of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days*:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece; 11.2 To exercise the right of withdrawal, the user must inform Mintea Srl, before the expiry of the Withdrawal Period of his decision to withdraw.
11.3 In order to exercise the right of withdrawal, the user may submit any explicit declaration of his decision to withdraw from the contract ("Withdrawal Declaration").
11.3.1 The Standard Withdrawal Form or the Withdrawal Declaration must be sent to the following address: info@mintea.it 11.3.2 In all cases of exercising the right of withdrawal, regardless of the method of the same, Mintea Srl will send the user an email confirming receipt of the withdrawal request ("Withdrawal Confirmation Email"). A PDF document will be attached to this email containing (i) a pre-filled label that the user can attach to the package to speed up shipping
11.4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Withdrawal Declaration, he is invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which he intends to exercise the right of withdrawal and his address. Please note that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on the user, it is in the user's interest to use a durable medium when communicating his withdrawal to Mintea Srl.
11.5 The user must return the Products to Mintea Srl, using a carrier of his/her choice and at his/her own expense, without undue delay and in any case within 14 calendar days from the date on which he/she communicated to Mintea Srl his/her decision to withdraw. The deadline is respected if the user sends the Products back before the expiry of the fourteen-day period ("Return Term"). The Product, appropriately protected and packaged, must be sent to the following address: Mintea Srlvia Dei Bizantini n. 235 – 88046 Lamezia Terme - CZ. The direct costs of returning the Products to Mintea Srl are borne by the user. In the case of goods that by their nature cannot normally be returned by post, the Standard Instructions on Withdrawal will indicate the maximum estimated cost of returning such Products, identified by type. The Mintea Srl Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal from the Products, are made available to the user on the Site before the conclusion of the contract, via the link "Right of Withdrawal and Standard Form", also accessible from the Product Page and attached to the order confirmation email referred to in art. 4.1.4 above. The return of the Product to Mintea Srl takes place under the responsibility and at the expense of the user.
11.6 If the user withdraws from the contract, Mintea Srl will refund the Total Amount Due paid by the user for the Product, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which Mintea Srl was informed of the user's decision to withdraw from the contract. The refund will be made using the same payment method used by the user, in the case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, Mintea Srl will ask the user for the bank details necessary to make the refund, unless the user has expressly agreed otherwise. In the event that the user has returned the Products using a carrier at his own expense and of his own choice, using the procedure referred to in art. 11.5 above, Mintea Srl may suspend the refund until receipt of the Products or until the user has demonstrated that he has returned the Products, if earlier. 11.7 The user is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. The Product must be returned in its original packaging, which must be placed in additional packaging, and no other label or tape may be affixed to it. It will be expressly indicated on the Product Page whether the original packaging is to be considered part of the Product, for the purposes of exercising the right of withdrawal.
11.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not give the right to any refund. Mintea Srl will notify the user, by email, within 5 working days of receiving the Product, rejecting the request for withdrawal. The Product will remain at Mintea Srl at the user's disposal for collection, which must take place at the user's expense and under his/her responsibility.
11.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Mintea Srl will inform the user of the circumstance and the resulting decreased refund amount by email within 5 working days of receiving the Product, providing the user, in the event that the refund has already been paid, with the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.
11.10 The right of withdrawal does not apply in the case of:
- supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery or in the case of supply of products which, after delivery, are inseparably mixed with other goods;
- supply of goods made to measure or clearly personalized;
Such exclusion of the right of withdrawal will be specifically and expressly communicated on the Product Page as well as during the purchase process, before the user proceeds with the transmission of the order.
12. Legal Guarantee of Conformity
12.1 All products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code (''Legal Guarantee'').
12.2. To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes other than their entrepreneurial, commercial, artisanal or professional activity. Those who have purchased on the Site and who do not have the quality of consumers will be subject to the guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
12.3. When it applies
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months of the date on which it was discovered.
Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following delivery of the product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the product.
12.4 In order to benefit from the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of such proof, to keep the order confirmation or the purchase invoice as well as the DDT or any other document that can certify the date of purchase and the date of delivery (for example the credit card statement or the bank statement).
12.5. What is the lack of conformity?
There is a lack of conformity when the purchased good:
• it is not suitable for the use for which goods of the same type are normally used;
• does not conform to the description given by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
• does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or on labelling;
• is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller accepted.
12.6 Any faults or malfunctions caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and/or with what is provided for in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
12.7. Remedies available to the user
In the event of a lack of conformity duly reported within the terms, the user has the right:
- primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
- secondarily (i.e. in the case where the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within an appropriate time frame or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or to the termination of the contract, at his choice.
The remedy sought is excessively burdensome if it imposes unreasonable costs on the seller in comparison with alternative remedies that can be pursued, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience for the consumer.
12.8. What to do in the event of a lack of conformity
In the event that a Product, during the period of validity of the Legal Guarantee, shows what could be a lack of conformity, the user must contact Customer Service, using the contact details in art. 14 below. Mintea Srl will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect. Depending on the type of product, Customer Service will indicate to the user the necessary indications for solving the problem
12.9 In the case referred to in art. 12.8, Mintea Srl will collect the Product and send it to the competent assistance centre.
In any case, the competent service center will carry out the necessary checks to ascertain whether or not the defect of conformity complained of exists. In the event that the defect exists, if the user has chosen, among the available remedies, the repair, the service center will proceed with the repair. If, however, the user has chosen replacement and this is not excessively onerous or objectively impossible for Mintea Srl compared to the repair, Mintea Srl will replace the Product. If the service center finds the defect of conformity, any repair/replacement costs and those of transport to the service center will be borne by Mintea Srl. If the service center does not find the defect of conformity, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repair or replacement costs will be borne by the user. Mintea Srl will inform the user of the circumstance and of any costs to be incurred for the repair or replacement. Mintea Srl reserves the right to send the user the estimate issued by the assistance center, so that the user can decide whether or not to have the repair or replacement carried out at his own expense. The user must authorize the repair or replacement at his own expense in writing. Following such acceptance, a direct relationship will be established between the assistance center and the user to which Mintea Srl will be completely extraneous and with respect to which no responsibility can be attributed to the same.
12.10 In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or causes of force majeure, within 60 calendar days from the day on which Mintea Srl received the defective product. In the event that the replacement or repair initially chosen is not carried out within this period, the user may request one of the alternative remedies provided for by the Legal Guarantee (replacement, if repair was requested; repair if replacement was requested; price reduction or termination of the contract).
12.11 Mintea Srl reserves the right to ask the user to attach the invoice relating to the order to the request to benefit from the Legal Guarantee of Conformity.
13. Manufacturer's Conventional Warranty
13.1 The products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (''Conventional Guarantee''). The user can assert this guarantee only against the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer and are indicated in the so-called guarantee certificate contained in the product packaging.
The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
14.Customer Service and Complaints
14.1 It is possible to request information, send communications or forward complaints by contacting the customer service of Mintea Srl (''Customer Service'') using the following methods at the following addresses:
by email, to info@mintea.it;
by telephone, at 0968359641;
by post, writing to Mintea Srl, via dei Bizantini 235, 88046 Lamezia Terme (Cz)
via the Site, by accessing the "Contacts" section;
14.2 Mintea Srl will respond to complaints by email or post within a maximum of two days of receiving them.
15. Applicable law; Out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution 15. 1 The purchase contract concluded on the Site is governed by Italian law.
15.2 The application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.
15.3 Please remember that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
15.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Mintea Srl informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to Mintea Srl, following which it has not been possible to resolve the dispute thus arising, Mintea Srl will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to avail itself of such bodies to resolve the dispute itself. Mintea Srl also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address //ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved. In any case, the consumer user's right to bring the dispute arising from these Conditions of Sale before the competent ordinary judge is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code. The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.