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GENERAL TERMS AND CONDITIONS OF SALE



These General Terms and Conditions of Sale regulate the relationships between Misis S.r.l. (hereinafter called Seller) and the Customer in relation to the remote purchase of products over the electronic network (in this specific case through the website www.misis.it). For anything not expressly governed by these General Terms and Conditions of Sale see the provisions of Legislative Decree No. 206 of 6 September 2005 and the applicable discipline of the Italian Civil Code.



  • Acceptance of the general terms and conditions of sale
    The contract stipulated between the Seller and the Customer is to be considered settled with the acceptance, even if only partial, of the order by the Seller. This acceptance is deemed tacit unless otherwise communicated by any method to the Customer. Placing an order using the various methods envisaged the Customer declares to have read all the indications provided during the purchase procedure and to have fully accepted the General Terms and Conditions of Sale and Payment indicated below.

    If the Customer is an end consumer (in other words, a physical person who purchases the goods for purposes other than professional activity), once the online purchase procedure has been completed, the customer will print and/or save an electronic copy and in any case keep these General Terms and Conditions of Sale conditions in observance of the provisions of articles 52 and 53 of Italian Legislative Decree 206/2005 on remote sales.

    The Customer will not have any right to compensation for damages and/or indemnity, nor liability by contract or out of contract for direct and/or indirect damage to persons and/or objects caused by the failure to accept (even partially) an order.

  • Purchase method

    The Customer may purchase only the products in the Seller's electronic catalogue at the time the order is sent as described on the relative information sheets. It is understood that the images with a product descriptive sheet, although as faithful as possible to the actual product, may not be perfectly representative. All of the support information for the purchase of each individual item is understood to be simple generic information material, specifically: the images are solely for illustrative purposes and are not expected to provide detailed information on the product. For correct product specifications please see the text description.

    Correct reception of the order is confirmed by the Seller via E-mail sent to the address provided by the Customer at the time of registration. This confirmation message will indicate the Date and time the order was placed and an "Order Number" which should be used for any further communication with the Seller. The confirmation message summarises all the information entered by the Customer who undertakes to verify its accuracy and to promptly advise of any corrections via E-mail to shop@misis.it.

    In the event of failure to accept the order the Seller guarantees prompt communication to the Customer.
  • Payment method

    The Seller provides various purchase methods:

    • PayPal/Credit card (via the PayPal platform).
    • Cash on delivery (only for Italy)
    • Bank transfer in advance.

     

    PayPal/Credit card

    Via the PayPal platform, global leader in the sector, the Customer can pay using a major credit card or a PayPal account. The transactions are carried out in maximum security thanks to innovative anti-fraud systems. The Seller reminds customers that you do not need to be a registered PayPal user in order to carry out the transaction. For more information go to www.paypal.com.

    If the order is cancelled, whether by the Customer or in the event of lack of acceptance by the Seller, the deposited amount will be re-credited to the Customer within no more than 30 days from the date of cancellation.

    At no time during the purchase procedure can the Seller become aware of the purchaser's complete credit card information. The seller does not keep this information in any digital archive. Therefore, in no case whatsoever can the Seller be held liable for any fraudulent and/or undue use of credit cards by third parties due to the payment for products purchased from www.misis.it.

    Cash on delivery

    In the event of purchase with cash on delivery, a supplementary fee is applied to the total amount, clearly indicated when this payment method is selected. Payment must be made exclusively in cash or with a CASHIER'S cheque (paid to the order of Misis S.r.l.) to the Courier that makes the delivery (BANK CHEQUES WILL NOT BE ACCEPTED BY THE COURIER). Nothing more than what was indicated at the time of order is due from the Customer.

    Bank transfer in advance

    In the event of payment via Bank Transfer in Advance, the goods ordered by the Customer are kept on hold until proof of the wire transfer is received, which must be sent to the Seller (via fax or E-mail) within and no later than 5 (five) days from the order acceptance date. The ordered goods will be shipped only when the sum due actually posts to the Seller's current account and this must take place within 5 (five) working days from the order acceptance date. Beyond this deadline the order is automatically considered cancelled. The comments on the bank wire transfer must indicate:

    • the order reference number;
    • the date the order was placed;
    • name and surname of the ordering party.

     

    The Bank Wire Transfer must be sent to the current account registered to the Seller: IBAN: IT66 J 03069 11894 1000 0000 9076

    SWIFT: BCITITMM

  • Delivery methods and fees

    For each order placed on the site the Seller will issue an invoice for the material shipped, sending it along with the goods and via E-mail to the ordering party pursuant to article 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004. For invoicing the information provided by the Customer when ordering will be used. No variation will be possible after it has been issued.
    Delivery times vary from 2 to 7 working days depending on the destination.

    Fees for the shipping expenses are highlighted explicitly when the order is placed. Payment for the goods by the Customer takes place using the method selected when the order is placed. Nothing more is due from the Customer with respect to the order total.

    The Seller cannot be held liable in the event of delays shipping the order and/or delivering the ordered goods.

    Unless explicitly indicated by our Customer Service, which can be reached at shop@misis.it, delivery will be by land. When the goods are delivered by the courier the Customer is bound to check:

    • That the number of parcels being delivered corresponds to the number indicated on the shipping document.
    • That the packaging is intact, undamaged, neither wet nor otherwise altered, even in the closing materials (adhesive tape or metallic straps).

     

    Any damage to the packaging and/or product or the lack of correspondence to the number of parcels or the indications must be immediately contested, writing "WITH RESERVE TO CHECK" on the courier's proof of delivery bill. Once the courier's document is signed the Customer cannot file any complaint concerning the exterior characteristics of the goods delivered.

    Any problems inherent to the physical integrity, correspondence or completeness of the products received must be reported within 7 (seven) days after delivery in accordance with the methods set forth in the document.

  • Prices

    The published prices are understood to include VAT at a rate of 22% in compliance with Italian regulations. They may be varied at any time without advance notice.

    For purchases made by subjects who do not have VAT Numbers (in other words, a physical person who purchases the goods for purposes unrelated to his or her professional activity or someone who does not indicate a VAT Number on the order form), whether residents in Italy or in the European Community, VAT of 22% is applied to the price in any case.

    For purchases made by subjects who have VAT Numbers (in other words, a physical person who purchases the goods for purposes related to his or her professional activity or someone who indicates a reference VAT Number on the order form), residents in the European Community with the exception of Italy, VAT is not applied as considered non taxable operations pursuant to article 41 of Legislative Decree 331/93.

  • Fiscal documentation

    For each purchase the Seller always issues a regular invoice using the information the Customer has indicated on the specific order form, which accompanies the goods. In the event that there are deformities in the document or if it needs to be resent, please contact us at shop@misis.it.

  • Right to withdrawal

    In accordance with articles 64, 65, 66 and 67 of Legislative Decree 206/2005, if the Customer is a Consumer (in other words a physical person who purchases the goods for purposes unrelated to his or her professional activity or someone who does not indicate a VAT Number on the order form), he or she has the right to withdraw from the purchase contract for any reason, without providing any explanation and without any penalty except for the indications below.

    In order to exercise this right, in accordance with article 64 of Legislative Decree 206/2005, the Customer must send the Seller notice to this regard within 10 (ten) working days from the date the goods are received. This notice must be sent in writing via registered, return-receipt mail addressed to:

    Misis S.r.l.
    Via dell'Edilizia, 58
    36100 - Vicenza
    Italia

    The notice can also be sent, within the same deadline of 10 working days, via telegram, telex, E-mail (shop@misis.it) and fax (+39 0444 964261), on the condition that it is confirmed in writing via registered, return-receipt mail within the next forty-eight hours. The registered letter is understood to have been sent by the deadline if delivered to the accepting post office within the terms set forth in the contract. Once we have received the above notice of withdrawal, Misis S.r.l. Customer Service will promptly advise the Customer with instructions on how to return the goods which must be returned within 14 days of being authorised. At the end of this term the goods are understood to have been returned when they are delivered to the accepting post office or the transporter.

     

    The right to withdrawal is in any case subject to the following conditions:

    • The right applies to the product purchased in its entirety. The right to withdrawal may not be exercised for only part of the purchased product;
    • The purchased goods must be whole and returned in the original packaging, complete in all parts. In order to limit damage to the original packaging we recommend, whenever possible, placing it in a second box. In any case, labels or tape should not be placed directly on the original product packaging;
    • In accordance with the law, the shipping expenses relative to the return of the goods shall be borne by the Customer.
    • The shipment, until certification of successful receipt in our warehouse, is under the complete responsibility of the Customer.
    • In the event of damage to the goods during transportation the Seller will advise the Customer of the occurrence (within 5 working days of receiving the goods in the Seller's warehouse) in order to allow the Customer to promptly file a report with the courier chosen by the same and to obtain reimbursement for the value of the goods (if insured). In this case the product is made available to the Customer for return, simultaneously cancelling the request for withdrawal.
    • The Seller will not be liable in any way, shape or form for damage or theft/loss of the goods returned with uninsured shipments;
    • Upon its arrival at the warehouse the product is examined to assess any damage or tampering not stemming from transportation.
    • Should the original packaging and/or packing be ruined, the Seller will withhold a percentage from the reimbursement due, in any case of no more than 10% of the amount, as a fee for the repair expenses.

    With the exception of any repair expenses for damage ascertained to the original packaging, the Seller will reimburse the Customer the entire amount already paid within 14 working days of the goods' arrival through a refund procedure of the amount charged to the Credit Card or via Bank Wire Transfer. In the event of the latter, the Customer must promptly provide the bank coordinates where he or she desires to receive the reimbursement (ABI – CAB – Ordering Party's Current Account).
    In the event of a registered Customer who has made payment via a PayPal Account, the Seller will, within the same period of time, carry out a refund operation for the amount due to the indicated PayPal account.

    The right to withdrawal is entirely forfeit in the absence of the essential conditions of the goods being whole (packaging and/or its content) in the cases in which the Seller ascertains:

    • The absence of the original external and/or internal packaging;
    • The absence of integral elements of the product;
    • Damage to the produce for reasons other than its transportation.

     

    In the event of forfeiture of the right to withdrawal, the Seller will return the purchased goods to the sender, charging the shipping costs to the same.

  • Guarantees

    The Seller provides a certificate of guarantee indicating the materials used.

  • Privacy

    The personal information requested during the order placement phase is collected and processed for the purpose of meeting the express requests of the Customer and will under no circumstances be transferred to third parties. The Seller guarantees compliance with the regulation on processing personal data for the Customers governed by the Privacy Code pursuant to Legislative Decree No. 196 of 30 June 2003.
    PRIVACY STATEMENT

  • Claims

    Any claim must be made to:

    Misis S.r.l.
    Via dell'Edilizia, 58
    36100 - Vicenza
    Italia
    shop@misis.it

  • Applicable law: ,

    The sales contract between the Customer and the Seller is understood to be stipulated in Italy and governed by Italian Law. For resolution of civil and criminal controversies stemming from the conclusion of this remote sale contract, if the Customer is a consumer, territorial jurisdiction falls to the court of reference in his or her municipality of residence. In all other cases jurisdiction falls exclusively to the Court of Vicenza.