The general conditions of sale below indicate, in compliance with the regulations in force for consumer protection, the conditions and methods by which to proceed with the online purchase of the Products for sale on this website www.myclah.com (“Site”) in safe, easy and convenient way.

The purchase on the Site must and can only be made by persons over the age of 16.

Object – Scope of Application
1.1 These general conditions of sale govern the sale of products (“Products”) carried out by Claudia Gatti (“MYCLAH” or “Seller”) based in 47841 CATTOLICA (RN), Largo Giustiniano Villa n. 10, Tax Code GTTCLD70T66E690I, through the Site.

1.2 The Site is dedicated to retail sales and as such is intended for the exclusive use of users who qualify as consumers (“Customer (s)”). If one or more sales are made to a person who does not qualify as a consumer, these Conditions will apply but, notwithstanding the provisions of the same:

1) the buyer will not be granted the right of withdrawal referred to in article 4;
2) the buyer will not be able to benefit from the guarantee on the Products indicated in article 7;
3) the buyer will not be granted any other protections provided herein in favor of the consumer, which reflect and / or comply with mandatory provisions of the law.

 

Products
2.1 All information and data regarding the Products and reported on this Site, or in other MYCLAH documents, have an indicative and illustrative value. The Products are manufactured by hand or with the application of artisanal processes. Therefore, any imperfections and / or slight discrepancies present on the same with respect to their structure or composition or with respect to what is represented in the photo, are to be considered ordinary and constitute an intrinsic characteristic of the Products themselves, which certify the production process and the artisan nature.

2.2 It is the Customer’s responsibility, before transmitting the order through the Site, to ensure that the Products are suitable for the specific purpose and / or use for which he intends to purchase them and that they comply with the legislation of the place in which he intends to import them and make any use of it.

2.3 MYCLAH, even after acceptance of the Order, may make any changes to the Products it deems necessary and / or appropriate, provided that the change does not alter their essential characteristics.

 

Methods of Purchase
3.1 To purchase the Products included in the cart, the Customer will be invited, alternatively to: (i) register on the Site, providing the requested data, or (ii) to log in, if the Customer is already registered or (iii) to provide their data necessary in order to complete the order and allow the completion of the contract.

3.2 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the States in which MYCLAH delivers and which are indicated on the Site.

3.3 The presentation of the Products on the Site is not binding for MYCLAH, it represents a mere invitation to formulate a contractual purchase proposal, addressed to the users of the Site. The order made by the User will therefore be considered as a contractual purchase proposal addressed to MYCLAH for the Products listed, each considered individually.

The purchase order sent by the Customer to MYCLAH through the Site has the value of a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and which the Customer, by transmitting the order to the Seller, fully accepts and without any reservation. Upon receipt of the purchase order, MYCLAH informs the Customer that it has received the order, sending a summary of the proposal sent.

3.4 If the ordered Products are available, MYCLAH will send an order confirmation by e-mail, to the e-mail address communicated at the time of registration or sending the order, which will contain the order number, the price of the Products, inclusive of taxes and shipping costs, as well as information about the indicative date of delivery of the Product (“Order Confirmation”). The Customer undertakes to verify the correctness of all personal data contained in the Order Confirmation and to promptly notify MYCLAH of any corrections and / or changes to be made. The contract, and therefore these Conditions of Sale, will begin to produce effects and will be binding for MYCLAH With receipt only upon receipt of the Order Confirmation by the Customer.

We recommend that the Customer print and / or keep a copy of these Conditions of Sale and the related Order Confirmation for future reference.

3.5 The fulfillment of all orders on the Site is subject to the actual availability of the Products. MYCLAH expressly reserves the right not to accept the order for any reason. In case of non-acceptance of the order, MYCLAH will promptly notify the Customer.

3.6 The delivery times shown on the Site and / or in the Order Confirmation are indicative and not binding for MYCLAH. The Products will be delivered using the delivery method indicated in the Order Confirmation to the address indicated by the Customer no later than 30 days from the date on which the Customer receives the Order Confirmation.

3.7 For each order placed, MYCLAH issues a sales document. For the issue of this documentation, the information provided by the Customer at the time of the order is valid.

 

Right of Withdrawal
4.1 Without prejudice to the exceptions indicated below and any additional ones provided by law, the Customer has the right to withdraw from the order and the related contract, without having to provide any reasons, within 14 days from the day on which he received the Ordered product. The period for exercising the right of withdrawal expires once 14 days have elapsed from the date of delivery of the goods to the Customer, or to a third party other than the carrier.

4.2 The notice of withdrawal may be sent to MYCLAH by any means, including registered letter with acknowledgment of receipt, e-mail, certified e-mail or through the reserved area of ​​the Website, using the form at the following link: www.myclah .com / returns

After receiving the notice of withdrawal, MYCLAH will inform the Customer of the address where to return the Product within 2 (two) working days. Only in the absence of such communication, the Products must be returned to the following address: MYCLAH – Claudia Gatti, Largo Giustiniano Villa n. 10, 47841 CATTOLICA (RN) – Italy.

4.3 The Customer must arrange for the shipment of the Product to be returned to the address indicated in accordance with the previous article 4.2 no later than 5 (five) working days from the date of sending the notice of withdrawal and it is the responsibility of the Customer.

4.4 The right of withdrawal can be exercised in relation to the Product purchased in its entirety (it is not possible to exercise withdrawal only on part of the Product purchased such as accessories included in the same article or article composed of several parts or components).

The Customer is responsible for the decrease in the value of the Products resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the same.

The costs of returning the Product are charged to the Customer.

4.5 In case of exercising the right of withdrawal, the Customer must return the Products complete with all their elements and accessories (including the labels and tags unaltered and attached to the Product), accompanied by instructions, notes, manuals and / or other documents attachments, the original packaging and packaging and the guarantee certificate, if any.

4.6 The Customer loses the right of withdrawal if the following occurs:

a) the exercise of the right of withdrawal beyond the terms provided above;
b) the delivery of the goods after the deadline (the date of shipment of the Product will prevail in this regard);
c) the lack and / or the lack of integrity of the original labels and / or external and / or internal packaging;
d) the absence of integral elements of the Product (accessories, laces, gadgets of the Product, etc.);
e) damage to the Product for reasons other than its transport;
f) manipulation other than that necessary to establish the nature, characteristics and functioning of the goods pursuant to paragraph 4.4 above;
g) Products bearing signs of use and / or washing;
h) All other cases provided for by law.

4.7 MYCLAH will verify the legitimacy of the exercise of the right of withdrawal as well as the status of the returned Product.

In the event that the Customer should be deprived of the right of withdrawal pursuant to the above, MYCLAH will return the Product in question to the Customer, without returning the relative price to the Customer and charging the shipping costs to the Customer.

In the event that the Customer has legitimately exercised his right of withdrawal, MYCLAH will refund the Customer only the price of the Product, but not the shipping costs or the costs incurred for the return of the Product in question, which will be charged to the Customer.

In any case of returning the goods, even when MYCLAH itself collects the product, the costs of returning the Product are charged to the Customer. In this case, therefore, the shipping costs to be reimbursed in favor of the Customer are to be charged at the cost of returning the Product and compensated with it, unless otherwise indicated related to individual promotions.

4.8 Without prejudice to the above, MYCLAH will refund the Customer the price of the Products for which he has legitimately exercised the right of withdrawal, within a maximum period of 14 days from the date of return of the Product, using the same payment method that the Customer used for the purchase, unless otherwise indicated in writing by the Customer. The actual receipt of the refund amount by the Customer may differ due to the payment circuit used to execute the refund.

 

Price
5.1. The price of the Products is that indicated on the Site at the same time as the Customer sends the order. Prices include packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before order confirmation, customs duties and any other sales tax. , which the Customer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the Order Confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered.

5.2. The Customer must pay the total price to the Seller, as indicated in the Order Confirmation.

5.3. If the Products must be delivered to a country outside the European Union, the Customer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their own country. country of residence or destination of the Products.

5.4. Any additional charges, taxes and / or duties that a given country should apply, for any reason whatsoever, to the Products ordered on the basis of these Conditions are the sole responsibility of the Customer.

5.5. The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to above will not constitute cause for termination of this contract and that he will not be able in any way to charge the aforementioned charges to the Seller.

 

Payment
6.1 Payment for the Products must always be made in advance of their shipment. The Customer expressly accepts that the execution of the contract by MYCLAH will start only when the price of the purchased Product (s) is credited to the current account of MYCLAH itself.
6.2 Payment can be made by credit card or by other payment methods indicated on the Site itself, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

If the payment is made by credit card, the data transmitted will be sent in secure mode, by means of the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for MYCLAH.

Furthermore, if the payment is made by credit / debit card, no amount will be charged at the time the order is sent. MYCLAH will charge the price of Products only against the sending of its Order Confirmation.

6.3 Occasionally, MYCLAH may ask the Customer for further information to verify his identity. In this case, we will contact you by email or by phone.

 

Warranty
7.1 Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees to the Customer that the Products will be free from manufacturing and material defects as well as conforming to the indicative descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to Customer.
7.2 Upon receipt of the Products, the Customer will have the duty to examine the Products as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending MYCLAH, by e-mail or by sending the appropriate return form correctly filled in, with precise indication of the defect and / or non-conformity found, accompanied by the relative documentation proving the right to the guarantee, namely: (i ) at least one photograph of the allegedly defective Product, (ii) details of the Order Confirmation sent by the Seller and (iii) the tax receipt relating to the purchase.

7.3 Following receipt of the return request and / or the completed form as well as the related documentation, MYCLAH will evaluate the defects and non-conformities reported by the Customer. After having carried out the quality checks to verify the actual non-conformity of the Product, MYCLAH will decide, at its discretion, whether to authorize the return of the Products by providing the Customer with a reply via e-mail to the address provided by the latter. The authorization to return the Products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. If, following this verification, the Products are not covered by warranty, MYCLAH will return the Products in question to the Customer,

7.4 The Products for which the Seller has authorized the return must be returned by the Customer, together with a copy of the return authorization communication, within 30 (thirty) days from the reporting of the defect or non-conformity, to the address indicated by MYCLAH itself or , in the absence of indication, to the following address: MYCLAH Claudia Gatti, Largo Giustiniano Villa n. 10, 47841 CATTOLICA (RN) – Italy.

7.5 The application of any warranty is excluded in case of use and / or storage and / or washing of the Product that does not conform to that of the Product and / or the instructions / warnings provided by the Seller or reported in the reference illustrative documentation, in the tags and / or labels and / or in the absence of the purchase receipt.

 

Liability for damage caused by defective Products
8.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code apply. The Seller, in the capacity of reseller of the Products through the Site, is free from any liability, none excluded and / or excepted, indicating, at the request of the damaged Customer, the identity and address of the relative manufacturer.

 

Intellectual Property
9.1 All the elements of the Site which are subject or not subject to a registration of an intellectual property right (photos, Product sheets, descriptions, layouts, etc.) are the exclusive property of MYCLAH and cannot be used in any way by third parties. All designs, models, trademarks, texts, visual or sound, comments, works, illustrations, images present and / or reproduced on the Site are protected by the relevant applicable intellectual property rights.
Any type of reproduction and / or representation not authorized by MYCLAH will involve the civil and criminal liability of its author. The user who has an Internet site, blog, page on social networks or the like and who wishes to publish a link that refers directly to the home page of the Site must first request authorization from MYCLAH.
Links that refer to the Site and which use the techniques of “framing” or “in-line linking” are formally prohibited. In any case, every link, even if tolerated and not contested, must be eliminated upon simple request of MYCLAH.

 

Events Outside Our Control
Event Outside Our Control means any act or event beyond MYCLAH’s reasonable control, including but not limited to strikes, lockouts or other industrial actions by third parties, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (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 telecommunication networks.

If an Event Outside the Control of the Seller occurs which affects the fulfillment of the Seller’s obligations under these Conditions of Sale:

a) we will contact you as soon as this is reasonably possible to inform you;
b) MYCLAH’s obligations under these general conditions will be suspended and the deadline for the fulfillment of these obligations will be extended for the duration of the Event Outside Our Control.

In the event that the Event Outside Our Control affects the delivery times of your Product, MYCLAH will inform the Customer of the new delivery date following the resolution of the Event Outside Our Control. If an Event Outside Our Control occurs and the Customer no longer wishes to supply the Products, he may terminate the contract.

Applicable Law and Dispute Resolution
11.1. These Conditions are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law (without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer.
11.2. The Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the preceding points, we inform you that, according to Article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR disputes (“online dispute resolution”) deriving from the purchase of goods online has been established by the European Commission, accessible at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through the ODR platform, it is possible to consult the list of ODR bodies, find the link to each of them and start an online dispute resolution procedure. More information on the platform is available at the following link:

https://webgate.ec.europa.eu/odr/main/?event=main.about.show

11.3. In any case, the Customer has the right to contact the ordinary judge competent for the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, if any. the prerequisites, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II – bis of the Consumer Code (i.e. Legislative Decree No. 206/2005).

If, on the other hand, the Customer acts in the exercise of his own business, commercial, craft or professional activity, pursuant to article 1.2 above, the parties consensually establish the exclusive jurisdiction of the Rimini Court.

 

12 Modification and update

These General Conditions of Sale may be modified at any time. The Customer will be asked to accept only the General Conditions of Sale in force at the time of purchase. The new versions of the General Conditions of Sale will be effective from the date of publication of the same on the Site and in relation to Orders submitted after that date.