Store Terms and Conditions / Cancellation
termini e condizioni di utilizzo di mirifica STORE
a) The undermentioned terms and conditions govern the sale of all products and services by Mirifica s.r.l. (the Seller). These terms and conditions may only be waived or modified in a written agreement signed by an authorized representative of the Seller. Neither the Seller acknowledgment of a purchase order nor the Seller failure to object to conflicting, contrary or additional terms and conditions in a purchase order shall be deemed as an acceptance of such terms and conditions or a waiver of the provisions hereof.
a) All offers by the Seller are always not binding and without any obligation. All orders are subject to acceptance by the Seller.
The Seller may agree to the order either by delivery or by a written confirmation within eight days. Delivery underlies the availability of the goods. If the accepted order can not be fulfilled, the customer will be informed.
b) All statements identifying the product are descriptions not guaranteeing a particular property. The Seller makes no warranties of merchantability or fitness for a particular purpose. Prices are valid reserved to printing, spelling and publishing mistakes. If such mistakes take place, The Seller reserves the right to withdraw from the contract.
c) The Seller reserves the right to substitute functionally equivalent or enhanced parts with respect to the customer's purpose.
d) The customer may not assign its rights or obligations hereunder without the express prior written consent of the Seller.
3) Right of Revocation
Information of revocation rights
Provided you are a consumer in terms of the Italian Civil Code, you may withdraw your declaration of intent within two weeks either in writing (i. e. letter, fax, email) or by returning the goods. The period commences with receipt of the goods, however not before the receipt of this note.
The revocation period shall commence at the earliest on receipt of written information of revocation, which will be sent separately.
To meet the revocation time limit, timely mailing of revocation or returning of the merchandise shall suffice.
In case of revocation, please send the goods to:
piazza XI febbraio 7
IT-29012 Caorso PC
email: store mirifica.it
fax: 02 700 446 883 = +3902700446883
In the event of a valid revocation, each party shall return to the respective other party the benefits received. The Seller will be compensated by the customer for a possible capitalized use of the goods.
If the received goods can only be returned defective or incomplete, the customer owes compensation. This does not apply, if defects of the surrendered goods are caused by quality inspection, the way it would usually be carried out in a retail store. Moreover, in order to avoid compensation for decrease in value, the customer shall not treat the merchandise as being fully owned and shall refrain from anything that could diminish the product's value.
The merchandise, which is transportable in packages, is to be mailed. The consumer has to bear the costs of returning the merchandise, if the received goods correspond to the ordered goods.
Exclusion of Revocation Rights
A revocation right is excluded in cases of
a) purchase of software, if the medium was unsealed
b) products, that have been delivered online (e. g. per e-mail or download)
c) products, that are produced according to customer specification
4) Delivery and Title
Unless otherwise stated on the face hereof, all shipments are F.O.B. Mirifica s.r.l. Caorso, Italian facility. The Seller's liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier. In case the customer refuses to accept the delivery, the Seller has the right to withdraw from the contract after an extension expires. The delivered product(s) have to be accepted, even if such product(s) are insignificantly damaged regardless of any warranty.
5) Prices and Terms Of Payment
a) Prices shall be as specified by the Seller on its web page (www.mirifica.it) at the day of order. Prices shall be subject to increase in the event of an increase in the Seller's costs or other circumstances beyond the Seller's reasonable control. Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, the customer shall provide the Seller with an appropriate tax exemption certificate (e.g. VAT id. number).
b) Unless otherwise stated on the face hereof, all payments shall be due upon shipment. Credit cards and bank wire transfer are accepted. C.O.D. payment is accepted only within Italy. The shipment costs will be noted and charged separately.
c) On any amounts not paid within 30 days when due, the customer agrees to pay interest at the rate of 5% above the respective base rate. In addition, the customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. The customer agrees to execute financing statements and other instruments at the Seller's request.
d) The official price is expressed in Euro currency. Prices in other currencies are for reference only.
6) Export Control
The sale, resale or other disposition of products and any related technology or documentation are subject to the export control laws, regulations and orders of the Republic of Italy and may be subject to the export and/or import control laws and regulations of other countries. The customer agrees to comply with all such laws, regulations and orders and acknowledges that it shall not directly or indirectly export any products to any country to which such export or transmission is restricted or prohibited. The customer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
7) Reservation of Ownership
a) The Seller reserves the right to obtain a security interest in the products sold to the customer, and in proceeds thereof, until payment is made in full by the customer.
b) If the customer fails to make payment when due, the Seller may pursue any legal or equitable remedies, in which event the Seller shall be entitled to reimbursement for costs of collection and reasonable attorney's fees.
8) Acceptance of Products and Product Returns
Inspection and acceptance of the products shall be the customer's responsibility. The customer is deemed to have accepted the products unless written notice of rejection is received by the Seller within ten (10) days after delivery of the products. The customer waives any right to withdraw acceptance thereafter. The customer shall report any discrepancy in shipment quantity or damage within ten (10) days after delivery. No return of products shall be accepted by the Seller without an authorization, which may be issued by the Seller in its sole discretion. Returned products must be in original manufacturers shipping cartons complete with all packing materials. All products for return shall be returned freight prepaid. If returned products are claimed to be defective, a complete description of the nature of the defect must be included with the returned products. Products not eligible for return shall be returned to the customer, freight collect.
9) Governing Law, Jurisdiction and Costs.
This agreement is governed by the laws of the Republic of Italy, without regard to its conflict or choice of law provisions. The customer acknowledges and agrees that Galatina LE, Italy is the appropriate place for venue of any litigation and that its courts have jurisdiction over this agreement and the customer, unless otherwise ruled by the Italian law. In the event the customer and the Seller are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorney's fees incurred.
10) Terms and Conditions
This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by the customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY THE CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY THE SELLER, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE SELLER.
via Ischia 39
73013 Galatina LE
Revision 1.1 (June 2010)