Terms and conditions General conditions
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and
services, carried out remotely and made available, via the Internet, from the site www.ilmioled.it (hereinafter , the "Site") in compliance
with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer
Code").
The seller of the products and owner of the Site is: MINILUCI SRL with registered office in Via C. Colombo 45/c - 74020 San Marzano (TA),
C.F/ P.I. and registration in the Taranto Business Register no. 02969990734, REA: TA-183027 - E-mail address: info@ilmioled.it
(hereinafter "MINILUCI SRL").
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these
General Conditions which have been made available to him on the Site and which will be available at any time by the Customer also through the
link contained in the confirmation email of each order to allow it to be reproduced and memorized.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user"
as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 7 and 8 of these General
Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".
The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and price of the various products on sale on the Site (hereinafter the "Product" or "Products") are shown on the page
relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained
on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Policy of Privacy and
having confirmed their acceptance, he will have to enter the shipping and possible billing data, select the desired payment method and
confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has
read all the information provided to him during the purchase procedure and that he fully accepts these transcribed General and Payment
Conditions.
The contract stipulated between MINILUCI SRL and the Customer must be considered concluded with the acceptance of the order by MINILUCI SRL
This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions,
the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price,
including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours
from receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible via
the "Assistance" tab. After this term, the order will be processed for shipment and changes will no longer be accepted, without
prejudice to the Customer's rights referred to in article 7 below.
Once the order has been received, MINILUCI SRL will check the availability of the stocks for the execution of the order itself.
In the event that one or more Products are not available, the MINILUCI SRL Customer Service will promptly notify the Customer
via email who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available
Products or cancel it. In the event of no response within this period, the order will be considered confirmed and the available
Products will be shipped. If only a few Products are not in stock, MINILUCI SRL will process the order with the available Products.
In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic
image accompanying the description. It is understood that the image of the Products themselves has the sole purpose
of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ
in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipments
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
Shipping to Italy:
Throughout Italy, shipping is free for orders over € 49.00, for lower amounts the cost of shipping varies.
5. Methods of payment and billing
5.1 Payment Methods
The Customer may pay the price of the Products and the relative delivery costs by credit card, PayPal, bank transfer,
prepaid cards, Masterpass.
Credit card
The circuits on which it is possible to purchase on the Site are:
Visa / Visa Electron
MasterCard
American Express
To ensure maximum security, the Customer will carry out the payment transaction directly on PayPal's secure server.
The Site does not memorize the Customer's credit card number, but thanks to the protected communication system of the
reference credit institution, from the second purchase, the Customer who wishes it - by selecting the appropriate option
- will be able to proceed with the purchase without entering your data again. The reference credit institution uses the
SSL protocol to encrypt the data transmitted between its server and the customer's browser.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his
account or using a card, even a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with
the relative conditions.
Bank transfer
The Customer must make the transfer within 3 days from the date of the order for orders relating to products; If payment does
not occur within 3 days, the order will be canceled and the goods made available again for purchase by other customers.
The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of
the non-credit is due to the Customer's desire not to confirm the purchase or to other causes.
Data for the bank transfer: c/c: MINILUCI SRL
IBAN: IT71R0881779030001000129718
BIC/SWIFT: CCRTIT2TSMZ
Bank: BANCA DI CREDITO COOPERATIVO DI SAN MARZANO DI SAN GIUSEPPE SCRL
Reason: the Customer must indicate in the reason for the transfer the date and the order number, which can be found in
the confirmation email (e.g. "Order 01/01/14 n. 100012345").
Eataly Prepaid Card / Online Gift Card
The Customer must enter the data relating to the Eataly Prepaid Card or the Online Gift Card after choosing this payment
method in the purchase procedure
6. Transportation and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in
the appropriate "Shipping Data" field.
All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding holidays and
national holidays. MINILUCI SRL is not responsible for unforeseeable or non-attributable delays.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for
tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a
period of 7 (seven) working days starting from the day after that on which MINILUCI SRL confirmed the order to the Customer via
a specific email of order confirmation.
Delivery services active in Italy:
BR extension
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step.
On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone
number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
NEXIVE
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step.
On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone
number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
TNT extension
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step.
On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone
number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
SDA extension
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step.
On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone
number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations
and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the
Customer must send MINILUCI SRL a communication within 14 days from the date of receipt of the Products using the form that
can be downloaded here or, if he intends to exercise the withdrawal before having received the Products, the withdrawal communication
can be sent in any time before their receipt.
This communication must be sent by registered letter with return receipt, addressed to:
c.a. Returns and Refunds Office
MINILUCI SRL
Via C. Colombo 45/C
74020 San Marzano (ta)
Once the communication has been received, the MINILUCI SRL Customer Service will open a case for the management of the
return and communicate to the Customer the instructions on how to return the Products, which will take place via courier
indicated by MINILUCI SRL itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is made up of several components or
parts it is not possible to exercise the withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal, MINILUCI SRL will refund the customer the full amount of the returned goods,
including shipping costs where applicable, within 14 days from the date on which the communication of withdrawal was received,
without prejudice to the right of MINILUCI SRL to suspend the payment of the refund until the actual receipt of the goods.
The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different
method. In case of bank transfer or cash on delivery, it will be the Customer's responsibility to provide the bank details on which
to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same
box in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or requesting an invoice), the right of withdrawal
is excluded in the following cases, pursuant to art. 59 legislative decree 21/2014:
- order of Products made to measure or clearly personalized;
- ordering Products that are liable to deteriorate or expire rapidly;
- order of sealed Products which do not lend themselves to being returned for hygienic or health protection reasons or which have
been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that
the Products that "risk of deteriorating or expiring rapidly" include both all Food Products (including wines, spirits and beverages)
and cosmetics , as the characteristics and qualities of these types of Products are subject to alteration also as a result of
inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is applicable only for
Products purchased on the Site which can be returned to MINILUCI SRL and put back on the market without endangering the health of consumers
(such as, for example, books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, MINILUCI SRL will return the purchased Products to the Customer, charging the shipping
costs to the same.
8. Returns to be paid by the buyer in case of exercise of the right of withdrawal
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the
procedure indicated in the previous article 7 and wait to be contacted by MINILUCI SRL to agree on the return of the Products
to the courier.
The cost of returning the products is borne by the buyer.
9. Warranty and lack of conformity
In the event of lack of conformity of Products sold by MINILUCI SRL, the Customer must immediately contact Customer
Service using the appropriate contact form accessible on the Website via the "Customer Assistance" tab.
The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products.
The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge,
the conformity of the Product by means of repair or replacement, or to an adequate price reduction or termination of the contract.
The Customer forfeits these rights if he does not report the lack of conformity to MINILUCI SRL within 15 days from the date on which
he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term,
in which case the defect must be reported within this shorter term.
10. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the
complete absence of errors for which therefore MINILUCI SRL cannot be held responsible, except in the case of willful misconduct or gross
negligence.
MINILUCI SRL reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update
information at any time without prior notice, without prejudice to the Customer's rights under these Conditions Generali and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation
is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused
by non-acceptance or evasion, even partial , of an order.
11. Complaints
Any complaint must be forwarded to MINILUCI SRL using the appropriate contact form accessible directly on the Site via the
"Customer Assistance" tab, or by calling 0999575616, active from Monday to Friday, from 9.00 to 18.30, excluding public holidays,
or by registered mail to the following address:
c.a. Complaints office
MINILUCI SRL
Via C. Colombo 45/C
74020 San Marzano (TA)
MINILUCI SRL undertakes to respond to all requests received within a maximum of 7 working days.
12. Online resolution of consumer disputes (ADR and ODR)
ADR
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer
can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after having presented
a complaint to the company, within 45 days, has not received a response or has received a response not considered satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address:
conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For more information, see:
http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
ODR
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he may file a complaint
via the European Union ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/.
The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
13. Applicable law and jurisdiction
The sales contract between the customer and MINILUCI SRL is understood to be concluded in Italy and governed by Italian law.
For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual
purchase orders if the Customer is a consumer pursuant to the Consumer Code, the territorial jurisdiction is exclusively that of
the Court of Taranto, ITALY , any other jurisdiction excluded.
***
Pursuant to article 1341 of the civil code the Customer declares to have read and to specifically accept the following articles
of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).