1. OUR BUSINESS POLICY
The Vendor offers products for sale on maisonmilano.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
“Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on maisonmilano.com.
The Vendor reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.
These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on maisonmilano.combetween maisonmilano.comusers’ and the Vendor.
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on maisonmilano.comthrough links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of maisonmilano.comand third parties.
2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR
To place an order for the purchase of one or more products on maisonmilano.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions. 2.2
The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order, in the Customer Care area.
Before submitting the order form, you will be asked to identify and correct possible input errors.
English is the language used for executing contracts with the Vendor.
After your order form has been submitted, the Vendor will process your order.
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on maisonmilano.comare no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days of the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on maisonmilano.com.
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on maisonmilano.com.
Upon submission of an order form, the Vendor shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
We may offer products for sale before they are released that you can pre-order (“Pre-order Products”) or products to be personalized or customized at your choice (“Personalized Products”). You can place an order for these items in the same way as you would do for other available products.
Only credit card is the accepted payment method for Pre-order Products and/or Personalized Products. Please note that a credit card authorization will be processed when you place the order for a Pre-order Product or Personalized Product. However, if your order includes currently available goods in the same order as Pre-Order Products or Personalized Products, you will be charged for the delivery costs for all goods, including the Pre-order Products or Personalized Products, at the time when the first goods in that order are shipped.
Please be aware that, in the case of Pre-order Products and Personalized Products, it may take an average of 8-12 weeks between the time when you place the order and the time in which the product is ready to be delivered. Estimated delivery dates may be subject to change. You will receive a confirmation e-mail when the product is shipped to you.
If the price for a Pre-order Product on the actual release date has changed and your order has already been confirmed, you will not be required to pay any increase in price and you will also not be entitled to any refund if the price will of the Pre-order Product has gone down.
If you place an order that contains both Personalized Products or Pre-order Products and currently-available products, we will deliver to you the currently available products according to our standard delivery timelines. Your credit card will be charged for all the shipping and other taxes of the products ordered (including the Pre-order Products or Personalized Products) as well as of the price of the currently available products delivered at the time when the first goods in an order are shipped. Any Personalized Products or Pre-order Products that are part of an order for currently available products will be delivered when available and your credit card will be charged for the relevant price of those goods when such product is shipped to you and you will not be charged again for the shipping and other taxes.
Please be informed that you can’t place an order that contains both Personalized Products and Pre-order Products.
3.GUARANTEES AND PRODUCT PRICE INDICATION
On maisonmilano.com, we only offer products marked with the “Maison Milano” trademark. These products are purchased by us directly from the manufacturer authorized by the company.
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
The main characteristics of products are shown on maisonmilano.comon each product page. The products offered for sale on maisonmilano.commay not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used.
Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.
All Products sold by maisonmilano.com come with an identification tag attached with a disposable seal. When trying on the products you should not remove or alter the tag or seal from the purchased products should you wish to return the purchased product. 3.7 As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to partner banks or any financial institute which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
When you place an order for a Pre-order Product or a Personalized Product, a credit card authorization will be processed but your credit card will not be charged for the cost of such product until the product is shipped to you.
If you use cash on delivery as a payment option, in the countries where it is available, you may choose to pay cash in local currency or with credit card directly to the courier upon the delivery of the goods. You will not pay to the courier additional charges since your invoice amount is inclusive of all charges. If you pay cash on delivery, prepare the funds prior to the arrival of the courier and have the exact change since the courier generally will not have change. Banks that support the credit card on delivery option are listed on our customer care area. Make sure you keep a receipt from the courier as it is your official receipt of payment.
Where your order contains a number of products, you will be charged for the delivery and shipping costs and taxes for all the products at the time of shipment of the first goods that form part of such order.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
For specific product shipping and delivery procedures see the Customer Care area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
6. CUSTOMER CARE
Please contact our Customer Care for further information at this address: firstname.lastname@example.org
7. CONSUMER RIGHTS AND THE COOLING-OFF PERIOD
If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from maisonmilano.com, without any penalty and for any reason, by notifying the Vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Clause 7 and Clause 8 below. Please be informed that Personalized Products (as defined in Clause 2.13 above) are not eligible for returns. Except in certain specific circumstances, duly specified in the Returns policy, you are not permitted to exchange or replace purchased products with other products.
You should return the products to the Vendor within fourteen (14) calendar days of the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
To return the products:
• you should notify us in writing within fourteen (14) calendar days, (beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by completing and submitting the online Return and Exchange Form or by Contacting Us. You should keep a record of your cancellation notice
• the products should not have been used, worn, washed or damaged;
• the identification tag should still be attached to the products with the disposable seal;
• the products should be returned with their original packaging;
• products should be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel.
Please be informed that Personalized Products (as defined in Clause 2.13 above) are not eligible for returns.
If you cancel the contract within the fourteen (14) calendar days cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within: (a) where we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or (b) where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time. The Vendor will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses). You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
You can return the products to the Vendor either by:
• a. the approved courier (as indicated on the online Return and Exchange Form) via the pre-paid, personalized return label enclosed in your original order, and the Vendor shall either charge to you or deduct from your refund the cost of return postage; or
• b. by packaging the relevant products securely and sending them, at your own risk and cost, to the Vendor using your return number (as provided via the online Return and Exchange Form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.5(a) and retain a proof of sending. 8.7 The cancellation right set out in this section 8 does not apply to: (a) sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons; (c) products which are made to your specifications or clearly personalized; or (d) products which have become inseparably mixed with other items after delivery.
8.ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT
If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the Vendor’s approved courier (as indicated on the Return and Exchange Form), or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in section 8.
You must notify the Vendor of an error in respect of the products delivered or of a damaged or defective product within thirty (30) days of receipt, if a product becomes faulty after the thirty (30) days please contact Customer Care to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
To return the products:
a. you should notify us in writing as soon as practicable and in any event within fourteen (14) days, by completing and submitting the online Return and Exchange Form. You should keep a record of your cancellation notice;
b. the products should not have been used, worn, washed or damaged;
c. the identification tag should still be attached to the products with the disposable seal;
d. the products should be returned, complete and unused, with their original packaging (in the case of jewelry, the packaging should include its original seal);
e. the products should be returned to the Vendor within fourteen (14) days following notification to the Vendor of the damaged or defective product or of the Vendor’s error.
The Vendor will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within thirty (30) days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery the Vendor reserve the right to retain the products and the purchase price and recover the Vendor’s fees and expenses from you.
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.
We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. To the extent permitted by applicable law, the Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example:
a. delay caused by Credit Card/Debit Card companies refund policies;
b. payment made by cash on delivery: you will be refunded the amount you paid for the products returned to the Bank account you indicate in the Return and Exchange Form. Please remember it is necessary to have a Bank account in order to receive a refund for Cash on Delivery orders.
You are advised to read, if you haven’t already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of maisonmilano.com
10.EVENTS OUTSIDE THE VENDOR’S CONTROL
The Vendor will not be liable or responsible for any failure to perform, or delay in performance of, any of the Vendor’s obligations under a contract that is caused by an any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (together “Event Outside the Vendor’s Control”).
If an Event Outside the Vendor’s Control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside the Vendor’s Control. Where the Event Outside the Vendor’s Control affects our delivery of products to you, we will arrange a new delivery date with you after Event Outside the Vendor’s Control is over.
Each of the paragraphs of these General Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12. GOVERNING LAW
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
13. AMENDMENTS AND UPDATES
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on maisonmilano.com.