TERMS & CONDITIONS
LEGAL INFORMATION
THE SELLER OF THE PRODUCTS PURCHASED THROUGH FRANCESCOBIASIA.COM IS MIRIADE S.P.A., WITH REGISTERED OFFICE AT PIAZZA DEI MARTIRI 30, 80121 NAPOLI, VAT NUMBER 07631370637, TAX CODE 03371431218 AND REA NA-610434, HEREINAFTER “MIRIADE” OR THE “SELLER”.
THE WEBSITE HTTPS://FRANCESCOBIASIA.COM/EN IS HEREINAFTER REFERRED TO AS THE “SITE”. “FRANCESCO BIASIA” AND “BIASIA” IDENTIFY THE BRANDS WHOSE PRODUCTS ARE OFFERED ON THE SITE.
THE CUSTOMER MAY REQUEST INFORMATION, SUBMIT COMPLAINTS AND SEND COMMUNICATIONS USING THE CONTACT FORM AT THE FOLLOWING LINK: HTTPS://FRANCESCOBIASIA.ZENDESK.COM/HC/IT/REQUESTS/NEW.
SCOPE AND ADDRESSEES
THESE GENERAL CONDITIONS OF SALE, HEREINAFTER THE “CONDITIONS”, GOVERN THE DISTANCE SALE OF PRODUCTS THROUGH THE SITE AND PURCHASES FOR DELIVERY TO THE COUNTRIES MADE AVAILABLE AT CHECKOUT.
FOR THE PURPOSES OF THESE CONDITIONS, A “CONSUMER” IS A NATURAL PERSON ACTING FOR PURPOSES OUTSIDE THEIR BUSINESS, COMMERCIAL, CRAFT OR PROFESSIONAL ACTIVITY. A “BUSINESS CUSTOMER” IS A PERSON ACTING IN THE COURSE OF SUCH ACTIVITY. DEPENDING ON THE CONTEXT, THE TERM “CUSTOMER” REFERS TO EITHER THE CONSUMER OR THE BUSINESS CUSTOMER.
THE PROVISIONS OF THE ITALIAN CONSUMER CODE REFERRED TO IN THESE CONDITIONS APPLY EXCLUSIVELY TO CONSUMERS. BEFORE THE CONTRACT IS CONCLUDED, MIRIADE RESERVES THE RIGHT NOT TO ACCEPT ORDERS WHICH, DUE TO THEIR QUANTITY, FREQUENCY OR OTHER OBJECTIVE CIRCUMSTANCES, APPEAR TO BE INTENDED FOR COMMERCIAL RESALE.
THE CUSTOMER DECLARES THAT THEY HAVE THE LEGAL CAPACITY REQUIRED TO ENTER INTO THE CONTRACT. PURCHASES BY MINORS MUST BE MADE BY A PARENT OR LEGAL GUARDIAN.
PRODUCTS, CHARACTERISTICS AND AVAILABILITY
THE PRODUCTS COVERED BY THE CONTRACT ARE THE ITEMS DISPLAYED ON THE SITE AND AVAILABLE WHEN THE ORDER IS SUBMITTED. BEFORE THE CUSTOMER IS BOUND BY THE ORDER, MIRIADE MAKES AVAILABLE, IN A CLEAR AND UNDERSTANDABLE MANNER, THE MAIN CHARACTERISTICS OF THE PRODUCTS, THE SELLER’S IDENTITY AND CONTACT DETAILS, THE TOTAL PRICE INCLUDING TAXES, ANY ADDITIONAL CHARGES, THE PAYMENT AND DELIVERY METHODS, DELIVERY TIMES, THE CONDITIONS GOVERNING THE RIGHT OF WITHDRAWAL, A REMINDER OF THE LEGAL GUARANTEE OF CONFORMITY AND ANY FURTHER INFORMATION REQUIRED BY APPLICABLE LAW.
PRODUCT IMAGES AND COLOURS ARE REPRESENTED AS ACCURATELY AS POSSIBLE. DIFFERENCES MAY, HOWEVER, ARISE DUE TO THE DEVICE USED, SCREEN SETTINGS OR IMAGE PROCESSING. SUCH DIFFERENCES DO NOT AFFECT THE CONSUMER’S RIGHTS IN THE EVENT OF A LACK OF CONFORMITY.
AVAILABILITY IS UPDATED AUTOMATICALLY, BUT SIMULTANEOUS PURCHASES MAY MAKE A PRODUCT SHOWN AS AVAILABLE UNAVAILABLE.
IF ONE OR MORE PRODUCTS BECOME UNAVAILABLE AFTER THE ORDER HAS BEEN SUBMITTED, MIRIADE WILL INFORM THE CUSTOMER PROMPTLY. WHERE AVAILABLE, MIRIADE MAY OFFER A DIFFERENT VARIANT OR A SUBSTITUTE PRODUCT, WHICH WILL BE SUPPLIED ONLY WITH THE CUSTOMER’S EXPRESS ACCEPTANCE. IF THE CUSTOMER DOES NOT ACCEPT, THEY MAY CHOOSE, WHERE POSSIBLE, BETWEEN PARTIAL SHIPMENT OF THE ORDER, WITH A REFUND FOR THE UNAVAILABLE PRODUCTS, AND CANCELLATION OF THE ENTIRE ORDER, WITH A REFUND OF THE AMOUNTS PAID.
ANY AMOUNTS DUE WILL BE REFUNDED WITHOUT UNDUE DELAY USING, UNLESS OTHERWISE AGREED, THE SAME MEANS OF PAYMENT USED FOR THE ORDER.
PRICES, CURRENCIES, TAXES AND PROMOTIONS
THE APPLICABLE PRICES ARE THOSE DISPLAYED ON THE SITE WHEN THE ORDER IS SUBMITTED. PRICES AND THE TOTAL AMOUNT DUE ARE DISPLAYED DURING CHECKOUT IN THE CURRENCY ASSOCIATED WITH THE SELECTED MARKET. THE CHARGE IS MADE IN THE CURRENCY SHOWN IN THE ORDER SUMMARY. ANY CURRENCY CONVERSION FEES APPLIED BY THE BANK OR PAYMENT SERVICE PROVIDER ARE NOT CHARGED BY MIRIADE.
PRICES INCLUDE APPLICABLE TAXES WHERE EXPRESSLY STATED. ANY SHIPPING CHARGES AND OTHER COSTS KNOWN TO THE SELLER ARE INDICATED BEFORE THE ORDER IS SUBMITTED.
FOR DELIVERIES OUTSIDE THE EUROPEAN UNION, ANY CUSTOMS DUTIES, IMPORT TAXES OR CHARGES LEVIED BY AUTHORITIES OR LOCAL OPERATORS ARE BORNE BY THE CUSTOMER. SUCH AMOUNTS ARE NOT DETERMINED OR COLLECTED BY MIRIADE AND MAY VARY ACCORDING TO THE COUNTRY OF DESTINATION.
PROMOTIONAL CODES MAY BE ENTERED IN THE APPROPRIATE FIELD DURING CHECKOUT. BEFORE SUBMITTING THE ORDER, THE CUSTOMER MUST CHECK THAT THE DISCOUNT HAS BEEN APPLIED TO THE TOTAL. THE VALIDITY PERIOD, EXCLUDED PRODUCTS, MINIMUM SPEND THRESHOLDS, COMBINABILITY AND OTHER CONDITIONS ARE STATED IN THE INDIVIDUAL PROMOTION. IN THE EVENT OF PROMOTIONAL SALES, THE TOTAL DISCOUNT MAY BE ALLOCATED PROPORTIONALLY AMONG THE ITEMS IN THE ORDER.
PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT
TO MAKE A PURCHASE, THE CUSTOMER FOLLOWS THE STEPS INDICATED ON THE SITE, WHICH INCLUDE IN PARTICULAR:
1. ADDING THE SELECTED PRODUCTS TO THE SHOPPING CART
2. REVIEWING AND CONFIRMING THE SHOPPING CART
3. ENTERING THE REQUIRED INFORMATION AND SELECTING THE DELIVERY METHOD
4. REVIEWING THE PRE-CONTRACTUAL INFORMATION
5. REVIEWING AND ACCEPTING THESE CONDITIONS, WHERE REQUIRED
6. SELECTING THE PAYMENT METHOD AND SUBMITTING THE ORDER
UNTIL THE ORDER IS SUBMITTED, THE CUSTOMER MAY REVIEW AND CORRECT THE INFORMATION ENTERED USING THE SHOPPING CART AND CHECKOUT FUNCTIONS.
THE ORDER SUBMITTED BY THE CUSTOMER CONSTITUTES AN OFFER TO PURCHASE. AFTER RECEIVING THE ORDER, MIRIADE SENDS THE CUSTOMER AN E-MAIL ACKNOWLEDGING RECEIPT. UNLESS THAT COMMUNICATION EXPRESSLY STATES OTHERWISE, IT DOES NOT CONSTITUTE ACCEPTANCE OF THE ORDER.
THE CONTRACT IS CONCLUDED WHEN MIRIADE SENDS THE ORDER CONFIRMATION, AFTER VERIFYING PRODUCT AVAILABILITY AND PAYMENT AUTHORISATION. THE ORDER CONFIRMATION CONTAINS A SUMMARY OF THE PURCHASE AND THE INFORMATION REQUIRED BY LAW AND IS SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER ON A DURABLE MEDIUM.
THE CUSTOMER MAY DOWNLOAD, SAVE OR PRINT THESE CONDITIONS. THE CONTRACT CONFIRMATION AND THE INFORMATION REQUIRED BY LAW ARE SENT TO THE CUSTOMER ON A DURABLE MEDIUM.
ACCOUNT, ORDER CHANGES AND CANCELLATION
REGISTRATION IS OPTIONAL. THE CUSTOMER MAY PURCHASE THROUGH A REGISTERED ACCOUNT OR AS A GUEST. A REGISTERED USER CAN MANAGE ORDERS MORE EASILY, SAVE ADDRESSES, TRACK ANY RETURNS AND UPDATE PERSONAL INFORMATION. A CUSTOMER PURCHASING AS A GUEST CANNOT VIEW THE ORDER IN A PERSONAL AREA AND RECEIVES INFORMATION BY E-MAIL AND THROUGH SUBSEQUENT SHIPPING COMMUNICATIONS.
ONCE THE ORDER HAS BEEN CONFIRMED, THE SELECTED ITEMS, QUANTITIES OR VARIANTS CANNOT BE CHANGED ONLINE. THE CUSTOMER MAY PROMPTLY REQUEST CANCELLATION OF THE ORDER THROUGH CUSTOMER SERVICE. THE REQUEST CAN BE ACCEPTED ONLY IF THE ORDER HAS NOT ALREADY ENTERED THE PREPARATION OR SHIPPING STAGE. IF THE ORDER HAS ALREADY BEEN SHIPPED, THE CONSUMER MAY EXERCISE THE RIGHT OF WITHDRAWAL AFTER DELIVERY, IN ACCORDANCE WITH THE CONDITIONS SET OUT BELOW.
PAYMENTS
THE ACCEPTED PAYMENT METHODS, IF AVAILABLE FOR THE RELEVANT MARKET, DEVICE AND ORDER, ARE:
- CREDIT AND DEBIT CARDS OF THE MAIN PAYMENT NETWORKS, INCLUDING VISA, MASTERCARD, AMERICAN EXPRESS, MAESTRO AND POSTEPAY
- PAYPAL
- SCALAPAY
- GOOGLE PAY
- SHOP PAY
- SATISPAY
THE PAYMENT METHODS ACTUALLY AVAILABLE ARE SHOWN AT CHECKOUT AND PAYMENT MUST BE COMPLETED ONLINE WHEN THE ORDER IS PLACED. ANY DEFERRED PAYMENT IS SUBJECT TO THE TERMS AND APPROVAL OF THE RELEVANT PROVIDER.
PAYMENTS ARE PROCESSED THROUGH THE SYSTEMS AND PROVIDERS SHOWN AT CHECKOUT, WHICH APPLY THE SECURITY MEASURES REQUIRED BY THEIR RESPECTIVE APPLICABLE STANDARDS. MIRIADE DOES NOT STORE COMPLETE PAYMENT CARD DETAILS AND RECEIVES FROM PAYMENT SERVICE PROVIDERS THE INFORMATION REQUIRED TO MANAGE THE TRANSACTION AND THE ORDER.
FOR TRANSACTIONS SUBJECT TO STRONG CUSTOMER AUTHENTICATION, THE CUSTOMER MAY BE REDIRECTED TO THEIR BANK’S OR PAYMENT PROVIDER’S ENVIRONMENT TO COMPLETE THE REQUIRED CHECKS.
PAYMENT THROUGH PAYPAL IS SUBJECT TO AUTHORISATION AND CONFIRMATION OF THE TRANSACTION BY PAYPAL. AFTER SELECTING THIS METHOD, THE CUSTOMER IS REDIRECTED TO THE PAYPAL ENVIRONMENT TO COMPLETE PAYMENT.
TO PREVENT OR DETECT FRAUD, MIRIADE AND THE PAYMENT SERVICE PROVIDERS MAY CARRY OUT CHECKS PROPORTIONATE TO THE RISK, IN COMPLIANCE WITH APPLICABLE LAW AND AS DESCRIBED IN THE PRIVACY POLICY. IF THE CHECKS HAVE A NEGATIVE OUTCOME, MIRIADE MAY REFUSE TO ACCEPT OR MAY CANCEL THE ORDER, INFORMING THE CUSTOMER AND REFUNDING ANY AMOUNTS CHARGED.
FOR FURTHER INFORMATION ON PAYMENTS: HTTPS://FRANCESCOBIASIA.COM/EN/PAGES/PAYMENTS.
SHIPPING AND DELIVERY
THE SITE SHIPS WITHIN ITALY AND ABROAD TO THE COUNTRIES AVAILABLE AT CHECKOUT, USING DHL ECONOMY AND DHL EXPRESS INTERNATIONAL ACCORDING TO THE DESTINATION.
ORDERS ARE NORMALLY PREPARED WITHIN 24-48 BUSINESS HOURS. AFTER HANDOVER TO THE CARRIER, DELIVERY GENERALLY TAKES:
- 3-5 BUSINESS DAYS IN ITALY AND IN MOST EUROPEAN UNION COUNTRIES
- 10-12 BUSINESS DAYS FOR NON-EU DESTINATIONS AND THE REST OF THE WORLD
DELIVERY TIMES ARE ESTIMATES AND MAY VARY DURING PERIODS OF HIGH DEMAND, PUBLIC HOLIDAYS, CUSTOMS CHECKS, FORCE MAJEURE OR DELAYS BEYOND MIRIADE’S CONTROL. UNLESS OTHERWISE AGREED, DELIVERY WILL IN ANY EVENT TAKE PLACE WITHIN THE PERIOD PROVIDED FOR BY APPLICABLE LAW. IN THE EVENT OF DELAY, THE CONSUMER MAY EXERCISE THE REMEDIES PROVIDED FOR BY ARTICLE 61 OF THE ITALIAN CONSUMER CODE.
SHIPPING COSTS - FRANCESCO BIASIA
- ITALY AND EUROPEAN UNION: FREE SHIPPING
- NORWAY, UNITED KINGDOM AND SWITZERLAND: EUR 15.00
- REST OF THE WORLD: EUR 35.00
SHIPPING COSTS - BIASIA
- ITALY AND EUROPEAN UNION: FREE SHIPPING FOR ORDERS OF EUR 70.00 OR MORE; FOR ORDERS BELOW EUR 70.00, THE COST IS EUR 15.00
- NORWAY, UNITED KINGDOM AND SWITZERLAND: EUR 15.00, REGARDLESS OF THE ORDER VALUE
- REST OF THE WORLD: EUR 35.00, REGARDLESS OF THE ORDER VALUE
THE COST ACTUALLY APPLICABLE IS ALWAYS SHOWN IN THE CHECKOUT SUMMARY BEFORE THE ORDER IS SUBMITTED.
WHEN THE ORDER IS SHIPPED, THE CUSTOMER RECEIVES AN E-MAIL AND/OR SMS CON THE TRACKING CODE. IF THE RECIPIENT IS ABSENT, THE CARRIER MAKES ONE OR TWO DELIVERY ATTEMPTS, ACCORDING TO THE RULES OF THE COUNTRY AND THE LOCAL OPERATOR. STORAGE, COLLECTION OR REDELIVERY ARRANGEMENTS ARE COMMUNICATED BY THE CARRIER.
UP-TO-DATE INFORMATION ON COUNTRIES, COSTS AND DELIVERY TIMES:
HTTPS://FRANCESCOBIASIA.COM/EN/PAGES/SHIPPING.
PASSING OF RISK
IN CONTRACTS UNDER WHICH MIRIADE ARRANGES SHIPPING, THE RISK OF LOSS OF OR DAMAGE TO THE PRODUCTS, FOR REASONS NOT ATTRIBUTABLE TO THE SELLER, PASSES TO THE CONSUMER ONLY WHEN THE CONSUMER, OR A THIRD PARTY DESIGNATED BY THE CONSUMER OTHER THAN THE CARRIER, TAKES PHYSICAL POSSESSION OF THE PRODUCTS, EXCEPT IN THE CASES PROVIDED FOR BY ARTICLE 63 OF THE ITALIAN CONSUMER CODE.
STATUTORY RIGHT OF WITHDRAWAL
THE CONSUMER HAS THE RIGHT TO WITHDRAW FROM THE CONTRACT, WITHOUT GIVING ANY REASON, WITHIN 14 DAYS FROM THE DATE ON WHICH THE CONSUMER, OR A THIRD PARTY DESIGNATED BY THE CONSUMER OTHER THAN THE CARRIER, TAKES PHYSICAL POSSESSION OF THE PRODUCTS. WHERE SEVERAL PRODUCTS ARE ORDERED IN A SINGLE ORDER AND DELIVERED SEPARATELY, THE PERIOD RUNS FROM DELIVERY OF THE LAST PRODUCT.
TO EXERCISE THE RIGHT OF WITHDRAWAL, BEFORE THE EXPIRY OF THE PERIOD THE CONSUMER MUST INFORM MIRIADE OF THEIR DECISION BY AN UNEQUIVOCAL STATEMENT. THE COMMUNICATION MAY BE SENT THROUGH THE CUSTOMER SERVICE CONTACT FORM AT THE FOLLOWING LINK: HTTPS://FRANCESCOBIASIA.ZENDESK.COM/HC/IT/REQUESTS/NEW
THE RIGHT OF WITHDRAWAL IS EXCLUDED ONLY IN THE CASES PROVIDED FOR BY ARTICLE 59 OF THE ITALIAN CONSUMER CODE THAT ACTUALLY APPLY TO THE PRODUCT PURCHASED. ANY EXCLUSION IS INDICATED ON THE PRODUCT PAGE AND BEFORE THE ORDER IS SUBMITTED.
FOR ORDERS DESTINED OUTSIDE THE EUROPEAN UNION, ANY MANDATORY RIGHTS GRANTED TO THE CONSUMER BY THE LAW APPLICABLE IN THE RELEVANT COUNTRY REMAIN UNAFFECTED. IN ADDITION, WHERE EXPRESSLY INDICATED, MIRIADE OFFERS A COMMERCIAL RETURN POLICY WITHIN 30 DAYS OF DELIVERY, SUBJECT TO THE CONDITIONS DESCRIBED ON THE RETURNS AND REFUNDS PAGE.
RETURN OF PRODUCTS UNDER THE STATUTORY RIGHT OF WITHDRAWAL
AFTER NOTIFYING THE WITHDRAWAL, THE CONSUMER RETURNS THE PRODUCTS WITHOUT UNDUE DELAY AND IN ANY EVENT WITHIN 14 DAYS. THE DEADLINE IS MET IF THE PRODUCTS ARE HANDED TO THE CARRIER BEFORE IT EXPIRES.
THE PRODUCTS MUST BE RETURNED IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY CUSTOMER SERVICE. RETURNS FROM ITALY ARE FREE OF CHARGE IF MADE USING THE PROCEDURE AND SHIPPING LABEL PROVIDED BY MIRIADE. FOR RETURNS SHIPPED FROM ABROAD, THE DIRECT RETURN COSTS AND ANY CUSTOMS CHARGES ARE BORNE BY THE CONSUMER, UNLESS OTHERWISE STATED OR MANDATORY RIGHTS APPLY.
PRODUCTS RETURNED FROM ABROAD MUST BE SENT USING A TRACKABLE SERVICE TO THE FOLLOWING ADDRESS: MIRIADE S.P.A. - UFFICIO RESI, INTERPORTO LOTTO C A19-A20-A21, 80035 NOLA (NA), ITALIA.
WHEN EXERCISING THE STATUTORY RIGHT OF WITHDRAWAL, THE CONSUMER MAY EXAMINE THE PRODUCT TO THE EXTENT NECESSARY TO ESTABLISH ITS NATURE, CHARACTERISTICS AND FUNCTIONING. THE CONSUMER IS LIABLE ONLY FOR ANY DIMINUTION IN VALUE RESULTING FROM HANDLING OTHER THAN THAT NECESSARY FOR SUCH EXAMINATION. THE ABSENCE OF OR DAMAGE TO THE ORIGINAL PACKAGING DOES NOT AUTOMATICALLY RESULT IN THE LOSS OF THE RIGHT OF WITHDRAWAL, BUT MAY BE TAKEN INTO ACCOUNT WHEN ASSESSING ANY DIMINUTION IN THE PRODUCT’S VALUE.
COMMERCIAL RETURN EXTENSION UP TO 30 DAYS
IN ADDITION TO THE STATUTORY RIGHT OF WITHDRAWAL, MIRIADE OFFERS THE CUSTOMER THE OPTION OF REQUESTING THE RETURN OF PRODUCTS UP TO 30 DAYS AFTER DELIVERY, SUBJECT TO THE CONDITIONS SET OUT ON THE RETURNS AND REFUNDS PAGE. THE CONDITIONS OF THE COMMERCIAL EXTENSION DO NOT LIMIT THE RIGHTS GRANTED TO THE CONSUMER BY LAW.
TO BENEFIT FROM THE COMMERCIAL RETURN EXTENSION FROM THE FIFTEENTH TO THE THIRTIETH DAY, THE PRODUCTS MUST BE INTACT, NOT USED BEYOND NORMAL EXAMINATION, AND COMPLETE WITH LABELS, ACCESSORIES AND ORIGINAL PACKAGING.
THE REQUEST FOR A COMMERCIAL RETURN MUST BE SUBMITTED WITHIN 30 DAYS OF DELIVERY. THE PRODUCTS MUST BE HANDED TO THE CARRIER WITHIN THE PERIOD STATED IN THE RETURN INSTRUCTIONS PROVIDED BY CUSTOMER SERVICE.
ANY EXCHANGE OF ITEM, SIZE, COLOUR OR VARIANT IS HANDLED BY RETURNING THE ORIGINAL PRODUCT AND PLACING A NEW ORDER, UNLESS CUSTOMER SERVICE INDICATES OTHERWISE.
RETURN CONDITIONS AND PROCEDURE:
HTTPS://FRANCESCOBIASIA.COM/EN/PAGES/RETURNS.
REFUNDS
WHERE THE STATUTORY RIGHT OF WITHDRAWAL IS EXERCISED, MIRIADE REFUNDS THE PAYMENTS DUE, INCLUDING THE INITIAL STANDARD DELIVERY COSTS WHERE REQUIRED BY LAW, WITHOUT UNDUE DELAY AND IN ANY EVENT WITHIN 14 CALENDAR DAYS FROM THE DATE ON WHICH IT IS INFORMED OF THE CONSUMER’S DECISION TO WITHDRAW. MIRIADE MAY WITHHOLD THE REFUND UNTIL IT HAS RECEIVED THE PRODUCTS OR UNTIL THE CONSUMER HAS PROVIDED EVIDENCE OF HAVING SENT THEM BACK, WHICHEVER OCCURS FIRST.
THE REFUND IS MADE USING THE SAME MEANS OF PAYMENT USED FOR THE PURCHASE, UNLESS OTHERWISE AGREED, AT NO COST TO THE CONSUMER. ANY ADDITIONAL COSTS RESULTING FROM THE CUSTOMER’S CHOICE OF A DELIVERY METHOD MORE EXPENSIVE THAN THE STANDARD METHOD OFFERED ARE NOT REFUNDED.
FOR RETURNS MADE UNDER THE COMMERCIAL EXTENSION FROM THE FIFTEENTH TO THE THIRTIETH DAY, THE REFUND IS ISSUED AFTER RECEIPT AND INSPECTION OF THE PRODUCTS, WITHIN 14 CALENDAR DAYS OF ACCEPTANCE OF THE RETURN.
THE TIME REQUIRED FOR THE AMOUNT TO BE ACTUALLY CREDITED MAY DEPEND ON THE BANK OR PAYMENT SERVICE PROVIDER AND IS OUTSIDE MIRIADE’S CONTROL.
LEGAL GUARANTEE OF CONFORMITY
ALL PRODUCTS SOLD TO CONSUMERS BENEFIT FROM THE LEGAL GUARANTEE OF CONFORMITY PROVIDED FOR BY ARTICLES 128 ET SEQ. OF THE ITALIAN CONSUMER CODE. MIRIADE S.P.A., AS THE SELLER, IS LIABLE FOR LACKS OF CONFORMITY EXISTING AT THE TIME OF DELIVERY THAT BECOME APPARENT WITHIN TWO YEARS OF DELIVERY OF THE PRODUCT.
UNLESS PROVEN OTHERWISE, LACKS OF CONFORMITY THAT BECOME APPARENT WITHIN ONE YEAR OF DELIVERY ARE PRESUMED TO HAVE EXISTED AT THAT DATE, UNLESS THAT PRESUMPTION IS INCOMPATIBLE WITH THE NATURE OF THE PRODUCT OR THE NATURE OF THE LACK OF CONFORMITY.
TO REQUEST ASSISTANCE, THE CONSUMER MUST CONTACT CUSTOMER SERVICE, DESCRIBE THE DEFECT AND PROVIDE THE INFORMATION NEEDED TO IDENTIFY THE PURCHASE. MIRIADE MAY REQUEST PHOTOGRAPHS OR OTHER USEFUL DOCUMENTATION AND, WHERE NECESSARY, ARRANGE FOR THE PRODUCT TO BE RETURNED AT NO COST TO THE CONSUMER SO THAT THE INTERNAL DEPARTMENT CAN INSPECT ITS CONDITION AND DETERMINE WHETHER AN ORIGINAL LACK OF CONFORMITY EXISTS.
THE TECHNICAL ASSESSMENT DOES NOT AUTOMATICALLY CONSTITUTE ACKNOWLEDGEMENT OF THE DEFECT AND DOES NOT PREJUDICE THE CONSUMER’S RIGHTS. IT MUST BE CARRIED OUT WITHIN A REASONABLE PERIOD AND WITHOUT SIGNIFICANT INCONVENIENCE TO THE CONSUMER.
WHERE A LACK OF CONFORMITY IS CONFIRMED, THE CONSUMER IS ENTITLED, AT NO COST, TO HAVE CONFORMITY RESTORED BY REPLACEMENT OR TO RECEIVE A REFUND, AT THE CONSUMER’S CHOICE, UNLESS THE CHOSEN REMEDY IS IMPOSSIBLE OR IMPOSES DISPROPORTIONATE COSTS ON THE SELLER ACCORDING TO THE CRITERIA PROVIDED BY LAW.
IN THE CASES PROVIDED FOR BY THE ITALIAN CONSUMER CODE, INCLUDING WHERE REPLACEMENT IS IMPOSSIBLE, DISPROPORTIONATE, HAS NOT BEEN CARRIED OUT WITHIN A REASONABLE PERIOD OR THE DEFECT IS SUFFICIENTLY SERIOUS TO JUSTIFY IT, THE CONSUMER MAY OBTAIN A PROPORTIONATE REDUCTION IN THE PRICE OR TERMINATION OF THE CONTRACT. TERMINATION IS NOT AVAILABLE WHERE THE DEFECT IS MINOR.
DAMAGE RESULTING FROM IMPROPER USE, ACCIDENT, NORMAL WEAR AND TEAR, POOR MAINTENANCE, FAILURE TO FOLLOW CARE INSTRUCTIONS OR OTHER CAUSES ARISING AFTER DELIVERY AND NOT ATTRIBUTABLE TO AN ORIGINAL DEFECT DOES NOT CONSTITUTE A LACK OF CONFORMITY.
RETENTION OF TITLE
MIRIADE RETAINS TITLE TO THE PRODUCTS UNTIL THE PRICE, CHARGES AND TAXES DUE HAVE BEEN PAID IN FULL, WITHOUT PREJUDICE TO THE PASSING OF RISK IN ACCORDANCE WITH THE LAW AND THESE CONDITIONS.
INTELLECTUAL PROPERTY
UNLESS OTHERWISE STATED, THE CONTENTS OF THE SITE ARE OWNED BY MIRIADE OR USED UNDER LICENCES, AUTHORISATIONS OR OTHER LAWFUL RIGHTS. TEXTS, TRADE MARKS, TRADE NAMES, LOGOS, DESIGNS, MODELS, PHOTOGRAPHS, IMAGES, GRAPHICS AND OTHER CONTENT ARE PROTECTED BY APPLICABLE LAW.
THE REPRODUCTION, DISTRIBUTION, MODIFICATION, COMMUNICATION OR USE OF THE CONTENT FOR COMMERCIAL PURPOSES WITHOUT THE PRIOR AUTHORISATION OF THE RIGHTS HOLDER IS PROHIBITED, EXCEPT FOR USES PERMITTED BY LAW.
FRAMING OR IN-LINE LINKING TECHNIQUES THAT CREATE CONFUSION AS TO THE OWNERSHIP OF THE SITE OR ITS CONTENT ARE PROHIBITED. LINKS TO THE SITE MUST NOT INFRINGE THE RIGHTS, REPUTATION OR LEGITIMATE INTERESTS OF MIRIADE OR THE CONTENT OWNERS.
COMPLAINTS, ADR, APPLICABLE LAW AND JURISDICTION
THE CUSTOMER MAY SUBMIT A COMPLAINT TO CUSTOMER SERVICE USING THE CONTACT FORM. MIRIADE REVIEWS THE COMPLAINT AND SEEKS, WHERE POSSIBLE, AN AMICABLE SOLUTION.
IF FRANCESCOBIASIA.COM DISPLAYS THE NETCOMM TRUSTMARK AND IS INCLUDED AMONG THE PARTICIPATING SITES, A CONSUMER WHO HAS NOT RECEIVED A SATISFACTORY RESPONSE TO A COMPLAINT WITHIN 45 DAYS MAY ACCESS THE NETCOMM–CONSUMER ASSOCIATIONS JOINT CONCILIATION PROCEDURE FREE OF CHARGE, IN ACCORDANCE WITH THE RULES AND PROCEDURES PUBLISHED BY THE BODY.
INFORMATION ON NETCOMM CONCILIATION: HTTPS://WWW.CONSORZIONETCOMM.IT/SPAZIO-CONSUMATORI/SEGNALAZIONI/CONCILIAZIONE-PARITETICA/.
THE CONSUMER MAY ALSO REFER THE MATTER TO AN ALTERNATIVE DISPUTE RESOLUTION BODY, WHERE COMPETENT AND APPLICABLE. USE OF AN ADR PROCEDURE DOES NOT PREJUDICE THE RIGHT TO BRING PROCEEDINGS BEFORE THE COURTS.
CONTRACTS CONCLUDED THROUGH THE SITE ARE GOVERNED BY ITALIAN LAW. WHERE THE CUSTOMER IS A CONSUMER RESIDENT IN ANOTHER COUNTRY, ANY MANDATORY CONSUMER-PROTECTION PROVISIONS THAT MAY APPLY UNDER THE LAW OF THE COUNTRY IN WHICH THE CONSUMER HAS THEIR HABITUAL RESIDENCE REMAIN UNAFFECTED.
DISPUTES WITH A CONSUMER ARE SUBJECT TO THE JURISDICTION OF THE COURT OF THE CONSUMER’S PLACE OF RESIDENCE OR DOMICILE, WHERE LOCATED WITHIN THE TERRITORY OF THE STATE, WITHOUT PREJUDICE TO ANY OTHER MANDATORY FORA PROVIDED FOR BY APPLICABLE LAW.
PRIVACY, COOKIES AND MARKETING COMMUNICATIONS
MIRIADE S.P.A. PROCESSES PERSONAL DATA CONNECTED WITH PURCHASES AND USE OF THE SITE IN ACCORDANCE WITH APPLICABLE DATA-PROTECTION LAW. INFORMATION ON THE PURPOSES, LEGAL BASES, RECIPIENTS, ANY INTERNATIONAL TRANSFERS, RETENTION PERIODS AND DATA-SUBJECT RIGHTS IS SET OUT IN THE PRIVACY POLICY. INFORMATION ON THE USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES IS SET OUT IN THE COOKIE POLICY AND THE PREFERENCE-MANAGEMENT PANEL.
PRIVACY POLICY: HTTPS://WWW.IUBENDA.COM/PRIVACY-POLICY/35635390.
COOKIE POLICY: HTTPS://WWW.IUBENDA.COM/PRIVACY-POLICY/35635390/COOKIE-POLICY.
THE E-MAIL ADDRESS PROVIDED IN CONNECTION WITH A SALE ACTUALLY CONCLUDED MAY BE USED BY MIRIADE, PURSUANT TO ARTICLE 130(4) OF THE ITALIAN PRIVACY CODE, TO SEND COMMUNICATIONS CONCERNING ITS OWN PRODUCTS OR SERVICES SIMILAR TO THOSE PURCHASED, PROVIDED THAT THE CUSTOMER HAS BEEN ADEQUATELY INFORMED AND HAS NOT OBJECTED. THE CUSTOMER MAY OBJECT FREE OF CHARGE AT ANY TIME, INCLUDING THROUGH THE LINK PROVIDED IN EACH COMMUNICATION. CONSENT IS REQUIRED, WHERE PROVIDED FOR, FOR OTHER MARKETING COMMUNICATIONS AND FOR CHANNELS OTHER THAN E-MAIL.
RETENTION OF ORDER RECORDS AND AMENDMENTS TO THE CONDITIONS
CONTRACTUAL AND ACCOUNTING DOCUMENTATION RELATING TO ORDERS IS RETAINED FOR THE PERIODS REQUIRED BY APPLICABLE LAW. INFORMATION ON THE RETENTION PERIODS FOR PERSONAL DATA IS SET OUT IN THE PRIVACY POLICY.
MIRIADE MAY AMEND THESE CONDITIONS FOR FUTURE ORDERS. THE VERSION OF THE CONDITIONS MADE AVAILABLE TO THE CUSTOMER WHEN THE ORDER IS SUBMITTED APPLIES TO THE CONTRACT. SUBSEQUENT AMENDMENTS DO NOT AFFECT CONTRACTS ALREADY CONCLUDED.