The document hereby shal be valid for the following websites: www.ballsmania.it , www.mirtabijoux.com , www.mirta-accessori-moda.it The Treatment’s Owner is found in the following society: MIRTA ACCESSORI MODA S.R.L
These Use and Sale’s General Conditions (hereinafter also referred to as “USGC”) regulate the offer and sale of products through the following websites: www.ballsmania.it , www.mirtabijoux.com , www.mirta-accessori-moda.it (hereinafter also defined as the “Websites”).
MIRTA ACCESSORI MODA S.R.L. (hereinafter also referred to as “MIRTA” or “Provider”), when visiting and/or buying on a Website whose property is of MIRTA ACCESSORI MODA S.R.L., provides the user (hereinafter also defined as “Customer”) directions concerning the features of its Websites or other Products and Services. When using one of our Websites, the User agrees and acknowledges the following: use and sale’s terms and conditions, Privacy Policy and Cookie Policy, present on the Websites’ dedicated section, by accepting them in their entirety.
The access to the Website and its related services’ use are solely reserved to the following categories of Users.
DEFINITIONS, PREMISES AND ATTACHMENTS
With regard to the aforementioned Sales and Uses Terms and Conditions’ effects and purposes it is meant by:
– “User” and/or “Customer”: a natural or legal person, located in the EU as well as outside of the EU, to whom MIRTA MODA E ACCESSORI SRL delivers its products. For this purpose it is noted that the user, legal person with registered office outside of Italian territory shall be registered in the VIES system and/or in any case shall be in possession of the documents that certify the status of legal person/company; therefore the User shall notify any variation of its details or of the company statute for business and tax purposes. The User is indeed the sole responsible for its provided informations’ truthfulness;
– “Consumer”: a natural person acting for purposes unrelated with the entrepreneurial, business, craft or professional activity, or an intermediary;
– “Professional” a natural or legal person acting for the purposes of its entrepreneurial, business, craft or professional activity, or an intermediary;
– “Manufacturer”: the manufacturer of goods or supplier of services, or one of its intermediary, as well as the importer of the goods or services inside the EU or any other natural or legal person which defines itself as the Manufacturer and identifying the product or service with its name, brand or any other distinctive mark.
– “Product”: any product or service provision bound to the consumer, and that the consumer can use even if it is not bound to him, in reasonable and foreseeable conditions, provided or made available whether against payment or not and related to a commercial activity, whether new, used or reconditioned;
– “Services” the offer and sale of Products on the Website and the services related to it; – “Shipping Confirmation”: the notification by witch MIRTA informs the user that the Purchased Products’ Order’s shipment has been performed successfully, including an Order’s summary, the date of delivery and/or the Carrier which will perform the shipment.
– “Purchase Price”: the prices of the Products on the website, including VAT, shipment and delivery costs as well as costs of possible further services requested by the User.
– “VIES”: VAT Informations Exchange System.
GENERAL TERMS OF USE
PRIVACY: The User is invited to read our informations relatively to the Privacy policy and Cookies use policy that regulate the fruition of the “Services” provided in the following Websites: www.ballsmania.it , www.mirtabijoux.com , www.mirta-accessori-moda.it
E-COMMUNICATIONS: Whenever any User uses one of the Services or sends communications via e-mail, sms, WhatsApp, Messenger etc. to MIRTA and from its own device (pc, smartphone, tablet etc.) he communicates with us in electronic form. MIRTA is entitled to communicate with the users in several ways, such as e-mail, text messages or disclosing messages and communications on the Website or through other Services. Without prejudice to the legal provisions, for the purposes of this contract, the user agrees to receive communications by MIRTA in electronic form and furthermore acknowledges that any communication provided in electronic form, any contract, any notification and any information provided satisfy the written form requirement, under applicable law.
LICENSE FOR THE ACCESS TO THE SERVICES: Every right not expressively entitled by the aforementioned General Terms of Use, remain with MIRTA or with its licensors, suppliers, editors, owner or with any other service provider. It is strictly prohibited to replicate, duplicate, copy, sell or resell, visit or use in any other way for any commercial purpose the Services provided by MIRTA in all or in part without express written permission. Framing or other framing techniques with the aim of embezzle any brand, logo or other owned informations (including images, text, page settings or format) without MIRTA’s prior written consent, are strictly forbidden. Users may use the provided services only where permitted by law. The breach of these General Terms of Use will imply the withdrawal of the authorization to use by MIRTA.
WEBSITE REGISTRATION: The use of the Services is allowed to all of the Users to which MIRTA delivers goods, whether located inside or outside the EU. Website registration and the personal account creation, which implies the insertion of some personal data (including, but not limited to, name, surname, tax code, corporate name, registered office, VAT) shall be considered as subject matter of Treatment with the aim of ensure the best possible experience by using the Services provided on, or connected to, the Website for the User as well as the best possible experience relatively the purchasing process (orders’ input, shipment, delivery, etc.). Users shall also note that the personal data provided by himself may be used for profiling for MIRTA’s products’ advertising activities. In order to successfully create the aforementioned personal account, users undertake to provide all of his truthful and correct personal data and to keep them updated. Users are furthermore recommended to keep MIRTA free from any damage, claim and/or penalty arising from or bound to any breach of the rules by the user, related to the website registration or to the preservation of the registration data. MIRTA reserve the right of proceeding to controls related to the thoroughness, truthfulness and accuracy of users informations provided in the Website, otherwise MIRTA is entitled to stop the registration and/or Products purchasing process and/or require other documents and/or verifications to the users. The products purchasing process may occur prior registration or in “guest” mode. The registration to our Websites is totally free. In order to register a personal account, users must fill the dedicated form, by detailing all the informations required and clicking “Sign Up”. The process is complete once the User receives the confirmation e-mail. The registration and/or the purchase through one of our Websites implies the undertaking of the aforementioned Use and Sale’s General Terms and Conditions.
USER’S OBLIGATIONS AND LIABILITIES: Users shall use the Website in good faith and diligence, pursuant to the obligations and conditions hereby, and pursuant to the Privacy and Cookie policies. By accessing one of our Websites and/or proceeding to an order through the latter, Users agree to: use the Website only to effectuate researches and/or orders permitted by law, and to not effectuate fake or fraudulent orders. It should be noted that in this case, whenever there are proofs of fraudulent or fake orders, MIRTA will be entitled to cancel such orders and inform the competent authorities. Users acknowledge that any use of the Services in a way that could cause any damage, interruption or malfunction to the Services’ features, or for fraudulent purposes, or with the aim of committing illegal activities, or in order to cause disturb, prejudice or apprehension is strictly prohibited.
THIRDS’ ACTIVITIES: Users should note that our Websites can contain spaces or links managed by third parties, for purposes related to the correct provision of the available Services (e. g. online payment service manager). The relationships between users and third parties are regulated by relationships separated from this contract, users shall compliance to the aforementioned rules. MIRTA does not control in any way any of such websites or resources and, as a consequence of that, shall not be liable for damages or losses to the users arising from the use of such websites.
TERMS OF USE’S BREACHES: MIRTA reserves the right to suspend and/or cancel any of the accounts, or deny the access to one or all of its Websites, in its entirety and/or in part, temporarily or permanently, whenever a breach, arising from the users, of one or more of its obligations under the Terms or the Privacy Policy occurs or in any case in its sole discretion. The User, following receipt of the reporting, the user who committed the breach shall remove the causes of the dispute and/or shall provide the documentation related in support to its reasons within 24 hours. In case of non-compliance to the aforementioned terms, or if the reasons are not enough to explain the breach, MIRTA is entitled to terminate the contract in its sole discretion, prior notice of at least 72 hours. Furthermore, MIRTA is entitled to proceed with the aim of obtaining compensation for the possible damages suffered, as well as proceed in the ways the latter considers the best, including reporting the fact to the judicial authority.
CHILDREN: Children are allowed to use our services as well as proceed with the orders on our Website, if they are at least 14 years of age and in compliance with the consents expressed pursuant to Decree Law n.101/18.
Users shall note that the above-mentioned general terms of use and sale can be edited anytime. Any amendment and/or new term shall be in force from the moment of its issue on our Websites in the dedicated section. If a provision of the above mentioned GTUS is invalid or unenforceable, the other GTUS will remain valid and in force. These GTUS are under the Italian law. The absence or delay in using any of its rights, faculties or powers related to MIRTA or the users with regard to these GTUS shall mean resignation to each individual case, and that shall not affect further cases. Any possible granting of extensions or any other respite from MIRTA to the users shall not modify in any way the liabilities indicated in these GTUS. There aforementioned GTUS are made available in the following languages: Italian, English etc.
1. Premises and general Conditions of Website’s use
The premises, the regulamentations and the terms of these General Conditions of Use are integral and substantial part of the General Terms of Sale.
2. Contracting party
The contracting party of the customer for every order effectuated on the websites whose property is of the Provider is the company MIRTA ACCESSORI MODA S.R.L.
Registered Office: Via Don Lorenzo Milani, n.18, Agliana (PT) – 51031
VAT No.:01332790474
E-mail: info@mirtabijoux.com / online@mirtaaccessori.it / amministrazione@mirtaaccessori.it
3. Conclusion of the e-commerce’s contract
Our offers for the products’ presentation don’t represent in any case a binding offer for the conclusion of a sale’s contract, but an invitation for the customer to submit a binding purchase offer. With the order’s submission, by clicking on “Buy Now” (or on the shopper’s icon) the customer sends the binding offer for the conclusion of a sale’s contract. As soon as the order is received by MIRTS, the customer will receive an E-mail of order’s confirmation, with all the details of the orders in it. At this point the sale’s contract isn’t concluded yet, but it will be considered closed only when the correct amount for the purchased product will be received by MIRTA. If the customer has found what he/she was looking for, he can put it in the shopping cart by clicking on “Add to cart” (or by clicking on the shopper icon). The cart’s content can be viewed at any time and in a non-binding way, by clicking on the cart. It is possible to modify or remove the products in the cart at any time. If the customer wants to buy the products in the cart, he/she shall click on “Proceed to checkout”. The customer will then be required to enter his personal details, to choose the payment method and to confirm to have the information’s acknowledged for the customers. The order process can be stopped at any time, or closed by clicking on “Buy Now” (or on the shopper icon). The user is entitled to correct and/or modify at any time its own data in the order process. If the payment is effectuated by credit card, the offer is accepted by MIRTA with the charge on the bank account linked to the designed credit card, or, if that has happened before, with the submission of the ordered products and by the issue of the payment in MIRTA’s favour. If the payment is effectuated via PayPal, the offer is accepted by allowing the payment in the seller’s favour. The customer will be informed of the ordered products’ shipment via e-mail as soon as the products will be supplied to the carrier. (“Shipment’s confirmation and conclusion of the contract”). For technical reasons any payment via Fax, letter or E-mail won’t be accepted.
4. Products
MIRTA ACCESSORI MODA SRL is owner and sole holder of the following Websites: www.ballsmania.it , www.mirtabijoux.com , www.mirta-accessori-moda.it as well as the trade-marks: MIRTA and BALLSMANIA. On its own Websites, MIRTA offers the user the possibility to purchase fashion and high bijouterie accessories 5 Each product on our virtual catalogues comes with an information sheet (“Product’s Sheet”), that shows the main features and that is made of graphic elements (such as images, photos, videos etc.) as well as elements of technical-descriptive nature (e. g. dimensions, colours, materials, etc.) on order to provide the users, as much as possible, a realistic and accurate representation of the product. The graphic representation (e. g. images, photos, videos, rendering 3D, etc.) provided on the Websites, can change and/or be modified and/or altered depending on the device used by the user and particularly on the specifics of the monitor/display. Furthermore, they shall be considered as indicative, considering also the tolerance values.
5. Prices and availability
All of the prices of the Products issued on one of our Websites’ virtual catalogue are expressed in Euros, and they’re to be considered VAT (Value Added Tax) included. Costs related to the shipment as well as possible further services required form the User remain excluded and will be shown separately, at the moment of the orders’ input. MIRTA reserve the right to modify its products’ prices at any time, without notifying the customer. In any case, the price charged to the customer will be the one shown on the Website at the moment of the order’s process. MIRTA ensures a constant monitoring on the products’ supply. Since more than one user can possibly buy at the same time the same products, users shall note that, for a short amount of time, a product can result as available while it is not, and they’ll have to wait for the restocking. In the aforementioned case, MIRTA will promptly inform the user via e-mail, providing also the times of the re-stocking. If the product is not available, the contract can be considered terminated, notwithstanding MIRTA’s right to offer another available product – whose price is equal or higher, prior in this last case the payment of the price difference – as a replacement of the non-available product. In the case that the User decides to terminate the contract and the amount for the non-available product is already paid, MIRTA will promptly, and in any case not later than 15 days -from the date of the will to terminate the contract’s notification- refund the user with the entire amount paid, using the same payment method choosed during the purchasing phase.
6. Payment’s terms and methods
Products’ payment can be processed, on Users’ discretion, with one of the following methods:
– Credit Card
– Paypal
– Bank transfer.
It shall, furthermore, be noted that the charge with credit card will be effectuated in conjunction with the Products’ shipment. We accept the following credit cards: VISA, MasterCard and American Express.
With regard to payments via PayPal, please refer to the terms in the website: www.paypal.com. Data entered on PayPal’s website will directly be treated by the related platform and they won’t be disclosed to our Websites. The Payment can also be effectuated with the related online service: PayPal. In order to pay via PayPal, the customer only needs a free PayPal account. During the account registration process on www.paypal.com, the buyer only enters once its own personal bank details. For future payments, users will only be required to login in their PayPal personal account. Payments are always commission-free for the customers, and are effectuated in the following ways: -by deducting the owed amount from PayPal’s credit, -by debit note; or -through the credit card’s data linked to the PayPal account. In the event that users decide to pay by bank transfer, the amount shall be paid to the bank’s coordinates designed by MIRTA in the order’s confirmation e-mail. In the case of advanced bank transfer, the related shipment’s confirmation is sent as soon as the accreditation on MIRTA’s bank account has been verified. The user shall note that the accreditation checking could require some days. The customer has the right to send a copy of the bank transfer to one of the following addresses: amministrazione@mirtaaccessori.it / online@mirtaaccessori.it with the aim of accelerate the order’s shipment process. In the event that the amount for the purchase pf products on one of our Websites isn’t paid in its entirety and the good outcome is not verified, the purchase contract is intended to be terminated pursuant art. 1456 of the Civil Code. Order’s cancelation will be notified to the User via e-mail, to the designated address.
7. Shipments, delivery and customs implementations’ terms
Once that the payment has been proceeded successfully, and the related confirmation has been sent, MIRTA ships the related products following the shipment’s terms and to the address designed by the customer. The ordered Products will be delivered within and not later than 7 working days from the date of the payment receipt. Shipments will be effectuated by third parties’ logistic services. If the customer has the capacity of consumer qualification pursuant Law Decree 6 Sept. 2005, no. 206 (c.d. “Consumer Code”), the risk of loss or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired the material possession of the goods. Otherwise if the customer is a professional pursuant to the Consumer Code, from the moment when MIRTA supplies the goods to the carrier, MIRTA is intended to be free from any duty of delivery and the risk for a possible damage to the goods shall pass to the customer. Users shall provide a valid address where the goods can be delivered. Shipment’s costs for the products that may change depending on the shipment’s methods decided by the User, as well as any other possible added cost, are charged to the User. At the moment of delivery, the user is recommended to check the intactness of the Product and the related packaging. In the case that the latter presents obvious signs of tampering, the user is recommended to promptly notify MIRTA to one of the following addresses: amministrazione@mirtaaccessori.it / online@mirtaaccessori.it and before that, notify the carrier. The customer is entitled to refuse the delivery of damaged products and send them back to MIRTA, to the address indicated above, for this purpose the user is invited to fill the form that can be found in any of our Websites, in the “withdrawal and returns” section. MIRTA ACCESSORI MODA ships its own Products all over the EU as well as the rest of the world. In the event that the goods would be shipped in a foreign country, there could be the possibility of duties and/or import taxes payments required, payable once that the goods have reached the specified destination. Any of the additional clearance-related costs will be charged to the user. Possible import duties and/or clearance costs are not foreseeable, due to the fact that they change depending on the country that receives the goods, and they will be charged to the user. In such cases users are invited to contact the customs department for further informations.
8. Retention of title
MIRTA reserves title of any of the products supplied until the payment in its entirety of the related price. For this purpose, MIRTA is entitled to require the instant return of the goods subject of retention of title excluding possible rights of retention, unless they’re object of uncontested or legally defined claims.
9. Withdrawal and returns
The right of withdrawal, pursuant the ways hereinafter indicated, can be solely exercised by the users that have the capacity of “Consumer” qualification. Therefore, users that buy through VAT or VIES remain excluded. The customer consumer is entitled to withdraw from this purchase contract within and not later than 14 days from the day the consumer enters in possession of the goods (or the last purchased good if the contract is related to more than one product ordered in a single solution but shipped separately). In order to activate the withdrawal process, the customer shall manifest the will to withdraw by notifying it via e-mail within the date term aforementioned to the following address: online@mirtaaccessori.it. For this procedure’s purposes the customer is recommended to fill the form that can be found in any of our Websites in the “withdrawals and returns” section. The user is recommended to retain the receipt or the invoice as a proof of purchase, or the delivery documents in order to check the terms of time for the withdrawal. In withdrawal cases MIRTA ACCESSORI MODA will refund the customer with the product’s price of purchase, other than the shipment’s costs. MIRTA ACCESSORI MODA will refund the customer within 30 working days from the day when the product will be delivered at MIRTA ACCESSORI MODA Srl’s registered office, at the following address:
MIRTA ACCESSORI MODA SRL
VIA N. COPERNICO 16-16A
59011- SEANO- CARMIGNANO (PO)
For the purposes of the valid exercise of the withdrawal right, the Consumer shall send back to the above mentioned address the Product subject of the withdrawal, that shall be delivered in its entirety and inside its original packaging, with all the labels and seals. The product is packaged in transparent bag heat sealed, that permits to verify the features of the products itself: invoice, colour and material without need to open the sealed package. Due to the fact that the products are bijouterie, that can be worn directly on the skin, for the withdrawal request, THE CUSTOMER SHALL NOTE THAT HE/SHE SHALL NOT WITHDRAW A PRODUCT WHOSE PACKAGING HAS BEEN OPENED AND/OR DOES NOT PRESENT THE SEAL. The term of 14 days is intended to be respected if the products are shipped before the expiration of the above-mentioned term. Costs of withdraw are charged to the Consumer. At the time that the product is delivered to the registered office, MIRTA ACCESSORI MODA will effectuate a verification in order to detect damages in the Product as well as verify the intactness of the packaging. The non-accreditation of the User’s withdrawal’s right in the cases previously described, implies the exclusion of the refund by MIRTA ACCESSORI MODA.
ALERT: Important information on international shipping outside the European Union. For orders delivered to countries outside the EU, the relative shipping cost is displayed at the time of payment, while any customs or import duties will be borne by the user. Please note that in any case, any customs or import duties imposed on products returned to Italy will be borne by the user.
Taxes & duties
Orders are sent as “delivery at Place (dap), ie net of any local sales tax or customs duties. If you reside in a non-EU country, we recommend that you inquire about local taxes and duties before placing an order. Please be aware that any local sales tax and or customs duties are excluded and will be charged to the customer for each order upon delivery and will be deducted from your refund if items are returned.
10. Responsability for defects and statutory warranty
All of the products sold on our Websites are made by MIRTA ACCESSORI MODA with care and passion. First quality products are used during the manufacturing process and strict quality control checks are made regularly, therefore MIRTA guarantees that here products are free from any defect in the materials. For those products which manifest defects MIRTA informs that a warranty of 24 months from the date of the delivery will ensure the purchaser “Consumer”. In order to exercise the right to legal warranty the purchaser “consumer” shall notify via mail or with letter a/r MIRTA ACCESSORI MODA SRL the presence of the defect, under penalty of warranty’s loss , within 2 months from the detection of the defect, but in any case not later than 24 months from the receipt of the purchased goods, sending the request with the receipt of purchased and at least one product’s defect photo attached. If the purchased product presents a defect ensured by Legal Warranty, the consumer is entitled to have the product replaced from the seller. If the replacement of the product is not possible or prohibitively expensive, MIRTA ACCESSORI MODA is furthermore entitled to refund the user. In such case in order to determinate the amount owed to the user or the price reduction to which the user is entitled, it is considered the use and the number of months during which the user has kept the product. It shall be also noted that a defect whose entity is minor and for this the replace has been impossible or prohibitively expensive, does not entitle the user to receive a refund and/or terminate the contract. Legal Warranty is a sole right of the Consumer, understood to be the purchaser of the products for non-professional purposes. Otherwise, if the products are bought for a working activity (with VAT code) the Legal Warranty shall not apply. The Warranty furthermore does not cover defects or flaws of the Product attributable to accidental incidents or improper or in any case a non-compliant use of the product itself. Products whose refinements are a result of a special process, require higher care and attention when worn. In the following cases the products won’t be considered covered by warranty: abrasion from normal use, as well as possible modifications on the product’s outer layer caused by impacts, falls, water contact, alcohol, soaps, cleaners, sanitizers and/or disinfectant, perfumes, oils, heat sources, microwaves, in such cases the company won’t proceed to refund the customer entirely or in part, or replace the products.
11. Promotions
Promotions on products for sale will be viewed directly under each product with the indications of the initial price, the discount applied and the final price. 9 MIRTA will be entitled to decide to apply special discounts to particular categories of products for sale, active for all of the Customers. It will be also possible to establish other promotions and coupons that ONLY if indicated, will be cumulative with further promotions. The customer is recommended to read the terms of every active promotion as defined in the Websites. The aforementioned terms are considered to be acknowledged by the customer who agrees and buy the discounted products.
12. Invoicing
MIRTA ACCESSORI MODA SRL, for financial purposes, follows the law on electronic commerce. Transactions for VAT not subject to the invoice issuing obligation pursuant to Art. 22, C.1, N.1 Presidential Decree 633/72 and not subject to taxable certification obligation Art. 2, Lett. 0, Presidential Decree 696/96. For every purchase effectuated and processed, regular invoice will be issued to companies and professionals, while the receipt will be issued to privates. The invoice payment is intended to be fulfilled due to the fact that it has to be done during the payment process with Credit Card, PayPal, Bank Transfer or other payment methods when agreed. The purchase taxable invoice, if required by the customer at the time of the purchase, is submitted online in pdf format, within and not later than 10 days from the date of the purchase to thee-mail address designated by the User. In the case that at the time of the order the invoice is not required by the customer, the aforementioned legislation for electronic invoicing will be applied, other invoices following the purchase phase won’t be issued.
13. Applicable law and jurisdiction
The Italian Law regulates the contracts entered into pursuant these general terms of sale. It is strictly excluded the application of the United Nations Convention on the International Sales of Goods’ Contracts. The provision previously described is applied in the case that it is in compliance with the dispositions for the protection of the consumers in the Country where the client is habitually resident. The place of fulfilment and jurisdiction court to treat possible disputes arising from the execution of the terms described in this document is the one of Pistoia. MIRTA informs the customer that has the capacity of consumer qualification pursuant art.3 subparagraph , let. a) of the Consumer Code that a European Platform for online resolution of controversies arising between consumers has been formed (c.d. ODR platform). The ODR Platform is available online at the following address: http://ec.europa.eu/consumers/odr/; by using this platform the consumer will be able to check list of ADR entities, find the link to each one of their websites and launch an on-line settlement procedure.
14. Assistance and complaints
Users shall note that it is possible to require informations, send notifications, require assistance and/or submit complaints, by contacting MIRTA ACCESSORI MODA SRL to the following e-mail address: online@mirtaaccessori.it