The general terms and conditions of sale hereunder indicate, in accordance with the conditions applicable for consumers’ protection, the conditions and methods applicable to the online purchase of products on the website www.myclah.com (“Website”) in a safe and easy manner.
Purchases on the website must be made exclusively by persons over the age of 16.
1.1 These general conditions of sale govern the sale of products (“Products”) sold by MYCLAH S.R.L.S (“MYCLAH” or “Seller”) with registered address in Italy at 47841 CATTOLICA (RN), Largo Giustiniano Villa n. 10, Italian Tax Registration No and VAT No. IT04518120409, through the Website.
1.2 The Site is intended for retail and therefore for use exclusively by end users (“Customer(s)”). In the event that any one or more sales are made to persons who are not end users, these General Terms and Conditions will apply provided that in such case:
a)The purchaser will not enjoy a right of withdrawal pursuant to article 4;
b)The guarantee pursuant to article 7 will not apply;
c)The buyer will not benefit from any protection herein given to end users which is being given only in view of compliance with applicable Italian consumer laws and regulation.
2.1 All the information concerning the Products found on the Site or on other documents is indicative and intended only for presentation purposes. The Products are handmade using artisan craft and materials. Therefore, any imperfection or slight inconsistency in respect to the structure and composition shown in the photos or description is to be considered normal and is likely to be an intrinsic feature of the Products themselves.
2.2 Before placing an order on the Website, the Customer must make sure that the Products are suitable for the scope and/or use intended by it and that they are in compliance with the laws and regulation of the place where they are intended to be used or where they are imported.
2.3 MYCLAH, even following acceptance of the Order, may make any modification to the Products that it retains necessary and/or opportune, provided that this does not alter their essential characteristics.
- Purchase procedure
3.1 In order to affect the order of the Products, the Customer will alternatively (i) register on the Site, providing the data requested, or (ii) login, if already registered, or (iii) provide the necessary information to complete the order and finalise the contract.
3.2 Anyone may access the Website from anywhere in the world. Nonetheless, the Products sold on the Website can be purchased exclusively by buyers who request delivery to Italy or to countries included in the list of countries indicated on the Website where MYCLAH delivers the Products
3.3 Presentation of the Products on the Website is not binding on MYCLAH and represents an invitation to the Website user to submit an offer to purchase.
The purchase order sent by Customer to MYCLAH via the Website constitutes a contractual offer and is governed by these Terms and Conditions which form an essential part of the said order. The Customer fully and unconditionally accepts these Terms and Conditions upon sending the order to the Seller.
Upon receipt of the order, MYCLAH will send an email to the e-mail address communicated by Customer at the time of registration by which it confirms receipt of the Customer’s order.
3.4 In case the Products are available, MYCLAH will send the Customer with an order confirmation via email, to the email address indicated upon registration or upon sending of the order, which contains the Customer’s data, the order number, the price of the goods purchased including taxes and shipping costs and delivery terms and other information as deemed necessary by MYCLAH (“Order Confirmation“). The Customer undertakes to check that any personal information is correct and to promptly notify MYCLAH of any errors. The sale contract, and therefore these Terms and Conditions of Sale, will enter into effect and will be binding on MYCLAH only upon delivery of the Order Confirmation to the Customer.
It is recommended that the Customer downloads and prints a copy of these General Terms and Conditions of Sale and the related Order Confirmation for future reference.
3.5 The fulfilment of all orders on the Website is subject to availability of the Products. MYCLAH expressly reserves the undisputed right not to accept any order placed on the Website. If the order is not accepted, MYCLAH will, as soon as practically possible, inform the Customer.
3.6 Delivery times provided on the Website and/or in Order Confirmation are simply indicative and are not binding on MYCLAH. The Products will be shipped using the delivery method indicated in the Order Confirmation to the address provided by the Customer at the time of the order within 30 days of the date the Customer receives the Order Confirmation or any later date pursuant to applicable laws in force, also taking into account of the place where the Products have to be delivered.
3.7 For each order placed, MYCLAH issues the sales document of the shipped material. In issuing such documentation, the information provided by the Customer at the time of the order will be used.
4.1 Without prejudice to the exceptions indicated below or provided by the law, the Customer has the right to withdraw from the order and/or the purchase made, without having to provide any reason, within 14 days from the day of receipt of the relating Product. The withdrawal period ends after elapse of a period of 14 days from the date on which the Customer or a third party, other than the carrier, acquires material possession of the Products.
4.2 Withdrawal can be made by any means, including registered letter with acknowledgment of receipt, e-mail, certified e-mail, through the reserved area of the Website, as indicated using the following link: www.myclah.com/resi
By not later than two days following receipt of the return request as above, MYCLAH will inform the Customer of the address to which the Product must be returned. Only in case MYCLAH does not notify a different address, Products are to be returned at the following address: MYCLAH S.R.L.S., Largo Giustiniano Villa n. 10, 47841 CATTOLICA (RN), Italy.
4.3 The Customer must ship the Products to be returned to the address indicated pursuant to article 4.2 above by not later than 5 (five) working days from the notice of withdrawal and costs shall be borne by the Customer.
4.4 The right of withdrawal may be exercised on the Product in its entirely (it is not possible to exercise the right of withdrawal only on part of the Product purchased, e.g. accessories included in the same article or with respect to an article made up of various components).
The Customer is responsible for any loss of value resulting from handling the product for any reason other than that of establishing its nature, characteristics and function.
Return expenses are borne by the Customer.
4.5 In case of Withdrawal, the Customer must return the Products complete of any accessories and components, thus including also tags, labels, packaging along with any instructions manuals and/or other, attached documents as well as with the original packaging and box and with the warranty certificate, if any.
4.6 The Customer forfeits its right to withdraw if:
a) the withdrawal period expires;
b) the product is returned with delay in respect to the term above (as evidenced by the return shipment date);
c) the original external/internal packaging of the products is damaged;
d) parts of the product are missing (accessories, laces, gadgets attached to the Product etc..);
e) the Product is damaged for reasons other than damage caused during transportation;
f) handing the Product not as strictly necessary to establish its nature, characteristics and to ensure that it is well functioning according to paragraph 4.4 above;
g) Products which bear signs of usage and/or cleaning;
h) other circumstances pursuant to law.
4.7 MYCLAH will be entitled to verify legitimate exercise of the Customer’s withdrawal right and the condition of the returned Products.
If the Customer forfeits its right to withdraw, MYCLAH shall return the Product erroneously returned without refunding the price and shall charge any shipping costs to the Customer.
In the event that the Customer legitimately exercises its right to withdraw, MYCLAH will refund the Customer the price of the Product, but not the shipping costs which will be borne by the Customer. When Products are returned, also in the event that MYCLAH collects the Products in question, shipping costs will be borne by the Customer. In such case, MYCLAH will refund to the Customer the price of the Products retuned, less any shipping costs.
4.8 Without prejudice to the above, MYCLAH shall refund the Customer the price of the Products on which it exercised withdrawal rights by not later than 14 days following return of the Products using the same payment method used by the Customer, unless otherwise instructed by the Customer. The time of actual reimbursement of the price may differ depending on the payment method used for the refund.
5.1. The price of the Products is available on the Website and includes packaging, VAT (where applicable) and indirect taxes. It does not include shipping costs which are calculated once the order is received, customs dues and other applicable duties which will be indicated in the order and confirmed in the Order Confirmation, pursuant to the law of the Country where the Products are delivered. These costs will be charged to the Customer over and above the price of the Products.
5.2. The Customer will pay the price shown on the order and Order Confirmation.
5.3. If the Products are to be delivered to a non-EU State, the Customer shall obtain the necessary information from the local authorities or those of the country of destination of the Products regarding any applicable taxes or customs dues.
5.4. The Customer shall be exclusively liable for any additional taxes, dues or charges which any given country may apply on the Products ordered.
5.5. The Customer’s ignorance of any cost, customs duty or other tax or dues which are effectively applicable at the time that it transmitted its order to MYCLAH does not constitute cause for annulment of this agreement or in any way attribute responsibility for such costs to the Vendor exonerate the Customer from paying the same.
6.1 Payment will be made by the Customer via the Website prior to shipment. The Customer expressly accepts that MYCLAH shall execute the contract only upon receipt of payment for the Products ordered.
6.2 Payment will be made by credit cards or other payment methods indicated on the website at the conditions therein described. The amount as shown in the Confirmation Order will be fully charged to the Customer upon transmission of the Confirmation Order by MYCLAH. If payment is made by credit card, data transmitted with be protected and will be encrypted using the SSL (Secure Socket Layer) 128 bit system. Such data will not be accessibile to MYCLAH.
6.3 MYCLAH may occasionally request further information from Customer to check Customer’s identity.
7.1 According to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Customer that the Products will be free of manufacturing and material defects as well as conforming to the indicative description published on the Website for a period of 2 (two) years from the date the Products were delivered to the Customer.
7.2 Upon arrival of the Products, the Customer must examine the Products in the shortest possible time and, under penalty of expiration of this warranty, communicate any defects and nonconformities within 2 (two) months from the discovery, via email (providing proof of receipt) to MYCLAH, with a precise indication of the defect and/or non-conformity as well as related documentation proving the warranty right, i.e. (i) a photograph of the Product, (ii) the order confirmation sent by the Seller, (iii) and the receipt.
7.3 Following receipt of the warranty request and/or of the form as well as of the related documentation, MYCLAH will evaluate the defects and nonconformities declared by the Customer and, after performing quality checks to verify the effective Product nonconformity, will decide, at its own discretion, whether to authorize the return of the Product, notifying the Customer via email to the email address provided by Customer. Authorization to return the Products in no ways constitutes recognition of any defects or nonconformities, the existence of which must be ascertained after they are returned. Whenever the Products, after said verification, are not covered by the warranty, they will be returned to the Customer again.
7.4 The Products that the Seller has authorized for return must be returned by the Customer along with a copy of the return authorization within 30 (thirty) days of the notification of the defect or nonconformity to the following address: MYCLAH S.R.L.S., Largo Giustiniano Villa n. 10, 47841 CATTOLICA (RN), Italy.
7.5 The application of any warranty is excluded in the event of use or washing of the Product that is not compliant with the Product and/or with instructions and/or warnings provided or reported in the reference documentation, tags, and/or labels. Products must be returned in their original packaging. For support under the warranty, the Customer must save and show the purchase receipt.
- Liability arising for damages caused by defective products.
EU Council Directive 85/374/CEE and the Italian Consumer Code apply to damages caused by defective products. The Seller in its capacity as reseller of the Products through the Website shall not be liable for damages and will, if so requested by the Customer, provide information regarding the identity and domicile of the manufacturer of the Products.
- Intellectual Property rights
All the elements of the Website whether they are registered or otherwise (photos, Product details, description, paging) are the exclusive property of MYCLAH and cannot be used by third parties. MYCLAH retains all intellectual property rights on designs, models, trademarks, texts, visuals, audio, comments, illustrations, images reproduced on the Website pertain to MYCLAH and are subject to intellectual property rights.
Reproduction or representation which is not authorised by MYCLAH will be subject to civil and criminal law sanctions. Links to blogs or websites must be authorised by MYCLAH.
Links that lead to the Website using “framing” technologies or “in-line linking” are strictly prohibited. In any event any link, use or reference to the website must be removed if so requested by MYCLAH.
- Events Outside Our Control
Events outside our control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other third party union actions, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or not) or threat or preparation for war, fires, explosions, storms, floods, earthquakes, subsidies, epidemics or other natural disasters, or failures of public or private telecommunication networks.
If an Event Outside Our Control occurs that affects the fulfilment of our obligations under these General Terms and Conditions of Sale:
- a) we will contact you as soon as reasonably possible to notify you;
- b) our obligations under these general conditions will be suspended and the deadline for the fulfilment of our obligations will be extended for the duration of the Event Outside Our Control.
If the Event Outside Our Control affects the delivery time of your product, we will organize with you a new delivery date after the resolution of the Event outside our control. If an Event Outside Our Control occurs and you no longer wish to supply the products, you can cancel the contract.
- Applicable law and Jurisdiction
These General Sales Conditions are governed by Italian Law. In any case, the consumer will retain any rights enforceable by law in their country.
Any disputes that are not solved amicably will fall under the exclusive jurisdiction of the Court of Rimini. As the consumer, the Customer also has the right to bring it before the courts of a member state of the European Union of residence or domicile.
Moreover, the consumer may request mediation, as set forth in Italian Legislative Decree 28/2010, for the resolution of any unresolved disputes in the interpretation and execution of these sales conditions by accessing the following website: https://webgate.ec.europa.eu/odr.
These General Terms and Conditions may be amended at any time. The Customer will accept the General Terms and Conditions in force at the time of purchase. New versions will become applicable upon publication on the website in relation to Orders made subsequent to such date.
Date of publication on the Website and entry into force 14/09/2020
Latest update: 14/09/2020