These General Terms and Conditions of Sale concern the purchase (of products) executed remotely via internet on the website www.miwacosmetic.it, belonging to Miwa Cosmetic srl, a company with headquarters in via Roma 61 - Salerno (Sa) - Italy, hereinafter called Miwa Cosmetic. Each purchase transaction will be governed by the provisions of the Legislative Decree 185/99 (Italian law), Legislative Decree 206/05 (Italian law); the information directed to the conclusion of the contract will be subjected to the art. 12 of the Legislative Decree 70/03 (Italian law) and, relating to privacy protection, it will be subjected to Legislative Decree 196/03 (Italian law).
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL SALES CONDITIONS
The sale contracts, on www.miwacosmetic.it site, are considered concluded when Miwa Cosmetic receives the purchase order made by the customer, and Miwa Cosmetic accepts it. Miwa Cosmetic will promptly send a receipt (of the purchase order) to the customer.
The customer, with the electronic transmission of his purchase order, declares to have read and accepted these general terms and conditions, and the customer undertakes to observe and to respect them in his dealings with Miwa Cosmetic.
PROCESSING OF PERSONAL DATA
Miwa Cosmetic pursuant to art. 13 of Legislative Decree 196/2003 (Italian law) informs that personal / fiscal data acquired (also verbally) with reference to established business relationships, provided directly by the interested parties, or otherwise acquired in the context of the activity of the company, will be processed in compliance with the aforementioned legislation (including confidentiality obligations).
In relation to the aforementioned data, the rights relating to Article 7 of the Legislative Decree 196/2003 (Italian law) may be exercised.
The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The submitting of the purchase order implies full knowledge and acceptance of these general conditions of sale.
Once the on-line purchase procedure has been completed, the customer is required to print and to keep a copy of the present general sales conditions (already viewed and accepted during the order conclusion phase).
By submitting the order online, the Customer sends to Miwa Cosmetic a proposal to purchase the product and / or products included in the cart. When the Customer submits an on-line order for the products that he has placed in the cart, he agrees to buy them at the indicated price, and within the terms of these General Sales Conditions. Miwa Cosmetic will communicate to the Customer the acceptance and the confirmation of the order.
In particular, Miwa Cosmetic will not accept orders:
if the product, at the time of the order, is not available in stock and / or
if the customer cannot or does not want to pay using credit cards (Paypal), bank transfer or cash on delivery.
It is possible to submit an order either through the website www.miwacosmetic.it (at the prices and at the conditions stated therein), or eventually through authorized dealers.
The customer buys the product (the characteristics of the product are illustrated on-line in the relative descriptive and technical pages) at the price indicated on the on-line site. As specified on the site, delivery costs may be added .
Before submitting the purchase order, the following costs are summarized on the site:
unit cost of each selected product;
total cost (in case of purchase of more than one product);
any delivery costs.
Once the purchase order has been placed, the customer will receive an e-mail message from Miwa Cosmetic, confirming the receipt of the purchase order. The e-mail message will also contain information relating to the main characteristics of the purchase order, including a detailed indication of the price, delivery costs, applicable taxes and payment method.
In accordance with current Italian law, there is the need to request customers to communicate VAT NUMBER and/or TAX CODE in the appropriate fields on the site.
The customer can choose one of the payment methods described below.
Payment by credit card: if the consumer wants to pay by credit card, he can use the payment procedure with PayPal, which ensures the confidentiality of the data provided by the customers. For any information and further legal agreements, the customer can consult the website www.paypal.com.
Cash on delivery: cash on delivery payment is accepted only if made by cash or bank draft; consequently, pursuant to and for the purposes of art. 1197 of the civil code (Italian law), payments made by bank check will not be accepted. Any additional charge eventually applied by Miwa Cosmetic for this payment method is due solely and exclusively to the cost that the Courier (chosen and used by Miwa Cosmetic) requires Miwa Cosmetic to provide cash on delivery service.
Payment by bank transfer: payment by bank transfer is possible using the following details:
- Iban: IT91U0311176340000000000592
- Heading: Miwa Cosmetic s.r.l.
In the event that the payment is made by bank transfer, the purchased good will be sent to the address indicated by the customer (in the way described in the following paragraph "Product Delivery"), upon receipt of the bank transfer (therefore on average within two / five days after making the transfer, the timing may vary depending on the bank). To facilitate the process, the customer can send the receipt of the bank transfer to Miwa Cosmetic to the following e-mail: email@example.com
The purchased good is delivered by courier to the address specified by the Customer when placing the order online. The relative invoice can be sent to the customer together with the purchased good, or via email; independently of sending a paper copy of the invoice to the customer, Miwa Cosmetic will issue an electronic invoice for each order, according to Italian law. Any specific requirements relating to the delivery of the products must be expressly proposed by the customer to Miwa Cosmetic.
Miwa Cosmetic guarantees the delivery of the goods within 15 (fifteen) working days starting from the date of receipt of the confirmation of the transaction (for payment by cash on delivery the 15 days will be counted from the date of receipt of the order). In the event that the customer chooses payment by cash on delivery, payment must be made to the Courier upon receipt of the goods, exclusively by cash or by bank draft.
In case of non-delivery due to the absence of the recipient (at the address indicated in the order), the courier will leave a notice and it will try again a second time; if the recipient is still absent, the goods will be returned to the sender (Miwa Cosmetic).
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
The products purchased on the website www.miwacosmetic.it are subject to the Italian regulation on the sale of consumer goods. The products delivered comply with the characteristics shown online in the relative descriptive and technical pages.
Miwa Cosmetic is liable to the customer for eventual lack of conformity existing at the time of delivery of the goods.
RIGHT OF WITHDRAWAL
The consumer can exercise the right of withdrawal. In particular, the consumer has the right to withdraw from any contract concluded with Miwa Cosmetic, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days from receipt of the goods.
The consumer can exercise the right of withdrawal in relation to any goods purchased on the website www.miwacosmetic.it.
HOW TO EXERT THE WITHDRAWAL RIGHT
The withdrawal right is exerted by sending, within the aforementioned deadline, a written communication (by registered letter with acknowledgment of receipt) to Miwa Cosmetic S.r.l.
The withdrawal notice can be sent, within the same deadline, also by telegram, fax or e-mail, provided that it is confirmed by registered letter (with acknowledgment of receipt) within the following 48 hours.
In case of exerting the right of withdrawal, the communication must be sent to the following address:
Miwa Cosmetic s.r.l.
Via Roma 61
If the goods have already been sent, the customer is required to return them to Miwa Cosmetic within the term of 15 (fifteen) working days from the date of delivery of the goods.
The goods must be returned to Miwa Cosmetic complete with all accessories, instruction manuals and everything originally delivered to the customer, as well as packed in its original packaging. A copy of the electronic receipt of the order must be attached to the returned product. The costs of returning the goods to Miwa Cosmetic is borne by customer.
If the right of withdrawal is exerted by the customer in accordance with the provisions contained in this clause, Miwa Cosmetic will reimburse the money paid by the customer to buy the goods.
In particular, Miwa Cosmetic will reimburse the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which Miwa Cosmetic became aware of exerting the right of withdrawal by the customer.
Miwa Cosmetic has the right to reject any product returned in ways other than those specified above, as well as products for which the costs of return have not been fully paid by the customer, or in the event that procedures and times indicated for the communication of exerting the right of withdrawal have not been followed.
Pursuant to and for the purposes of art. 1456 of the Italian civil code, in the event of total or partial non-payment of the purchase price of the goods, Miwa Cosmetic reserves the right to declare terminated the sales contract, by sending a written communication to the customer's e-mail address.
For any complaint or clarification, the customer should contact firstname.lastname@example.org . Miwa Cosmetic will contact the customer for clarification within 3 (three) working days from the date of the request.
APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law. The exclusive jurisdiction and venue for any legal action brought by Purchaser under this contract and warranty (or any other legal guarantees) will be the Court of Salerno (Italy). In the event that Miwa Cosmetic wins a legal action, Purchaser will have to reimburse Miwa Cosmetic for legal expenses, including attorney fees and court costs incurred by Miwa Cosmetic for its defense.