1. About MISANI and these Conditions of Sale
These Conditions of Sale apply to the sales of MISANI products and services through the website www.misanimilano.com (the “Website”) or by email via our client relations center at email@example.com or firstname.lastname@example.org (the “Client Relations Center”, and together with the Website the “Sales Channels”).
These Conditions of Sale are available on the Website both in Italian and in English.
The entity that will sell the products and provide the applicable services to you is MISANI Spa, with registered office at Via Cavour, 18, 21100, Varese, Italy with VAT number 03434790121 (the “Selling Entity”, or, as applicable, “we”, “us”, or “our”).
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Sales Channels. Please note that before placing an order for products or services, you will be asked to carefully read and agree to these Conditions of Sale. We recommend that you print and save a copy of these Conditions of Sale for your records. If you do not agree to these Conditions of Sale, you will not be able to order any products or services through the Sales Channels. Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
2. Updates to the Conditions of Sale
We may make changes from time to time to the Conditions of Sale so please check back regularly to keep informed of updates. The latest version of the Conditions of Sale will always be available on the Website. Any new version of the Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
3. Purchasing Eligibility
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; (c) are consumers, meaning that they act for purposes other than business, trade, craft or professional activity; and (d) use a shipping address in a country to which we ship pursuant to Section 10 of these Conditions of Sale may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.
By placing an order through the Sales Channels, you represent and warrant to us that you possess all of the above mentioned requirements, including, with no limitation, that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
4. Personalized Services
Personalization services may be available on a selection of products.
Orders for personalized products including, without limitation, engraved products and any products made expressly upon your order or your specifications, cannot be cancelled or withdrawn from and the personalized products cannot under any circumstances be returned to us for exchange or refund.
5. Complimentary Services
The following complimentary services may be available, free of charge, through the Sales Channels:
The orders will be shipped in a box, gift wrapped in MISANI’s special packaging.
6. Order Process
The order process will include the following steps:
- MISANI products will be signalled if available, otherwise it will be necessary to proceed with a request of availability.
- 6.a – If the product is available: the client will have to add it to the shopping bag, from where the client will be driven through the website to make the order and proceed to the payment.
- 6.b – Request of availability: if the product is not available the client can “request the availability” of the product by filling the apposite form with it’s own personal data. Successively the client will be contacted by our Customer Service. The Request of availability is not an order and in this phase no payment details will be requested.
- Confirmation of received request: once the request has been forwarded the client will receive an e-mail with the confirmation that the request has been received.
- Availability Notice: Within 48 (forty-eight) hours from the Acknowledgement of Request, we will inform you by email as to the availability of the product(s) you requested (the “Availability Notice”). The Availability Notice is not an acceptance of order by us.
- Placing of Order: Once you are directed to your shopping bag, you will be guided by the applicable steps on the Website to place and pay for your order. After having processed your order, you will be able to email our Client Relations Center and ask information about the current status of the shipment.
- Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Sales Channels. Please note that before placing an order for products or services, you will be asked to carefully read and agree to these Conditions of Sale. We recommend that you print and save a copy of these Conditions of Sale for your records. If you do not agree to these Conditions of Sale, you will not be able to order any products or services through the Sales Channels.
- Information and Review: As part of the checkout process, you will be able to add and review your order details and personal information (including e-mail, shipping address, billing address and payment information), before finalizing and paying for your order. You should carefully check and confirm all details on the order summary page before placing your order.
- Confirmation of Order: Once the order has been placed through the Sales Channels, you will receive a written confirmation by e-mail. The order is considered as confirmed once the payment has been received in full.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time prior to payment on reasonable grounds. For example, we may refuse, terminate or cancel your order if you do not provide sufficient guarantees of solvency, when your order is incomplete or incorrect, or the product is no longer available, or in the case of an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
7. Prices, Taxes and Shipping Costs
All prices shown on the product pages of the Website or quoted by the Client Relations Center include sales taxes/VAT, shipping costs and other taxes unless otherwise stated.
The applicable currency for purchases with shipping address within the European Union is Euro. Shipping costs are not stated on the product pages.
Total prices and costs will be summarized before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the Customer Service. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place orders for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid, unless you reconfirm the new order.
We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When ordering on the Website, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Customer Service your complete payment details. All payment card holders are subject to validation check and authorization by the card issuer.
If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels. However, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points, or PO boxes. For further information, please contact the Customer Service.
Delivery of the products is subject to receipt of full payment by you.
We will require a handwritten or electronic signature by you, or a person at the nominated delivery address, to confirm the delivery of each product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by us and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please call our Customer Service for more information.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we produce expressly upon your order or specifications.
If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimize the effect of the delay. If we do not deliver within thirty (30) days from the date of the Confirmation of Order or any other time limit as indicated by us, you may contact the Customer Service to cancel the relevant order and get a refund of any sums you pre-paid to us for any products which you have not received. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to withdraw the relevant order and receive a refund of the sums you pre-paid to us for any products which you have not received. Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of liabilities, and consequently the above exclusions and limitations may not apply.
When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing.
11. Refunds and Exchanges
(a) Right to Withdraw
You have the right to withdraw from the sale agreement without giving any reason within fourteen (14) days from the delivery of the applicable product (the “Withdrawal Period”). In order to withdraw, you can contact the Customer Service and follow the instructions that will be given to you, or complete the Withdrawal Form attached as Attachment 1 to these Conditions of Sale (the “Notice of Withdrawal”) and send it by registered mail to the address set forth therein and in advance by email to: email@example.com or firstname.lastname@example.org and, in either case, return the applicable product for refund or exchange, according to the remainder of this Section 11. To meet the Withdrawal Period, it is sufficient for you to contact the Customer Service and follow the instructions that will be given, or send the Notice of Withdrawal or any other clear and explicit declaration of withdrawal, before the Withdrawal Period has expired.
(b) Return Process
The products shall be returned pursuant to the remainder of this Section, within fourteen (14) days from the date of your withdrawal. Return fees shall be borne by us.
Products that have been purchased through the Sales Channels may only be returned to the address provided through our Customer Service. For the avoidance of doubt, products that have not been purchased through the Sales Channels may NOT be returned pursuant to these Conditions of Sale. To return a product pursuant to these Conditions of Sale, you must follow the steps mentioned below:
(i) Contact the Customer Service;
(ii) The Customer Service will arrange a pick-up date agreeable to you with our logistics partner. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of the product;
(iii) Include in the return package the product and all its accessories in perfect condition, in new and unused state, any free items you received as part of your order, the warranty card and all other documents, in their original box; seal the return package and affix the pre-paid airway bill received with your purchase (the “Sealed Return Package”); and
(iv) On the agreed date, deliver the Sealed Return Package to the courier of our logistics partner;
You will be given a receipt with a return tracking number that shall be kept until we send you an order refund confirmation by e-mail.
(c) Condition of Returned Products
Our products must be returned in new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original MISANI box and delivery package, including all accessories, free items and documents received as part of the order. We reserve the right not to accept the return if the product shows signs of wear, or has been used or altered from its original condition in any way, including with respect to tags and stickers, or, as an alternative, we may reduce the amount of any applicable refund or exchange accordingly.
We will verify that the returned product satisfies the conditions of our returns and exchanges policies by carrying out strict quality control procedures, and, if so, then proceed with the applicable refund or exchange. If the product does not meet our quality control standards, we will refuse the return, and the product will be returned to you at your own cost.
Failure by you to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(d) Products you cannot return or exchange
Orders for products that have been personalized in any way, including, without limitation, any products made expressly upon your order or your specifications and engraved products, cannot be cancelled or withdrawn from and such products cannot be returned to us for exchange or refund.
You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with this Section 11.
Only the buyer of the product will be entitled to receive a refund of the purchase price. In no event will a person who has received the product purchased by another person, for example as a gift, be entitled to receive a refund. If you are a gift recipient and wish to return a product, please contact the Customer Service to discuss your options.
If the return complies with these Conditions of Sale, we will use commercially reasonable endeavors to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction, within fourteen (14) days after receipt of the returned item by us.
You may return a product purchased through the Sales Channels for exchange with another MISANI product, subject to availability and provided that the return complies with these Conditions of Sale, in particular with this Section 11.
In order to request an exchange and verify the availability of your desired exchange, please select the applicable option in the Withdrawal Form and contact our Costumer Service.
In case of an approved request of exchange, the sale of the returned product will be cancelled and you will receive a new order for the new product.
In the event of an approved exchange with a less expensive product, only the buyer of the returned product will be entitled to receive a refund of the price difference.
In the event of an approved exchange with a more expensive product, you will have to pay the price difference.
In the event your desired exchange is not available, we will refund you pursuant to Section 11(e) hereof.
12. Legal Guarantee and Your Rights
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
You shall inspect the products when you receive them for defects or damage. If you find a defect or damage, you must report it to us as soon as possible.
In your capacity as a consumer, you may have other rights granted by mandatory applicable law; these Conditions of Sale do not affect these mandatory rights.
For any repair inquiries relating to a product ordered through the Sales Channels, please contact our Customer Service.
14. Product Descriptions
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Website, in advertisements or catalogues or as provided by the Customer Service is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. In particular, any description and information concerning the weight of precious materials and the number of stones and carats are provided as an indication only and may vary slightly. The colors of the stones on the Website are indicative, for the variables of different technological devices and because our jewels are made with strictly natural stones, which color tones may vary slightly depending on the place of provenance, extraction and processing.
15. Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties, whether express or implied, in relation to our products and services and the Sales Channels.
Nothing in these Conditions of Sale limits or excludes our liability to the extent it cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you whether in contract, tort or otherwise, shall in no event exceed the full amount of the price you paid for the product in your order. Further, we are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our control.
16. General provisions
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.No failure or delay on our part to exercise any right under these Conditions of Sale shall be interpreted as a waiver of, or acquiescence in, any breach of any representation or obligation herein.The sale agreement is between us and you. No other person shall have any rights to enforce any of its terms. You shall not transfer or assign, in whole or in part, the sale agreement or any related rights or obligations to third parties, without our prior and specific written consent.
17. Applicable Law and jurisdiction
These Conditions of Sale shall be governed by and construed in accordance with the laws of the country in which the Selling Entity has its registered office, without reference to conflict of laws provisions and with the express exclusion of application of the United Nations Convention on Contracts for the International Sale of Goods. Where the applicable laws are different from the mandatory consumer laws in your own country, we will afford you with similar protection.
Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with this Section 20.
You may bring proceedings against us either in the courts of the country and place in which the Selling Entity has its registered office or in courts of the country and place where you are domiciled. We may also bring proceedings against you in the courts of the country and place where you are domiciled.
Without any restriction to bring proceedings before a court, you and the Selling Entity will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to our products or services, the Conditions of Sale or any breach thereof.
If you are a consumer resident in a country of the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of Alternative Dispute Resolution entities in your country, you may refer to the European Commission Online Dispute Resolution platform.
18. How to Contact us
If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.
MISANI Client Relations Center