TERMS AND CONDITIONS
Fase Uno Srl (hereinafter Fase Uno or Seller) markets childrenswear of the Mimisol collection.
Fase Uno has created an online sales network on www.mimisolshop.com governed by these General Terms and Conditions of Sale.
The applicable Terms and Conditions of Sale to all orders placed on www.mimisolshop.com the company website, are the ones in force at the time of purchase; however, Fase Uno may amend them whenever it deems it necessary to do so.
WHO IS ENTITLED TO ORDER
Only consumers that purchase for reasons other than re-selling may do so, on www.mimisolshop.com. It is strictly forbidden to resell items bought on www.mimisolshop.com.
Orders may be placed only by consumers who: (a) are at least 18 years old, (b) are legally capable of entering into binding contracts. If you are under the age of 18 and are not legally capable of entering a binding contract, a parent or legal guardian will carry out the order and accept our Terms and Conditions of Sale posted on www.mimisolshop.com. Any order made in violation of this provision shall be null.
Each item is shown in a photograph and comes with an “item description “ indicating: a) a brief description, b) available colours and sizes, c) price, d) general description.
The general description is short and indicates some characteristics of the product. The language used may be creative and not directly referable to the item. Composition of fabrics and materials is on the labels attached to each product sold.
Colours and sizes are listed only for descriptive purposes; in particular, the colours displayed may not reflect the actual colours of the products as this depends on various factors, among which your computer’s colour display, the difficulty due to the fabric’s composition, etc.
Although Fase Uno makes an effort to post photos of the items as faithful to the original as possible, some differences between images and products may occur, mainly due to technical causes such as the internet browser and the monitor used.
If you wish to order on www.mimisolshop.com the order will be processed as follows.
a) Product Selection
For each product selected on the site a page containing the information referred to in Article 3 will automatically open. The selection is made by choosing the color, size and subsequent “click” on the “buy” button. The “cart” can contain multiple products and can be modified at any time before the “order confirmation”;
b) Personal Data
When defining the order, the customer will be asked to provide all personal data including shipping address, tax code and billing details. The Customer guarantees that all personal data provided is real and exact.
The Customer may choose one of the following payments:
1. Credit card;
2. Pay Pal;
3. Bank transfer;
If you choose to pay by credit card, all the financial information (card number, expiry date, CVV) shall be forwarded to Banca Sella or other banking institution which offers online payment services, in encrypted form. This information will only be used by Seller to complete purchase process and to issue any refund in compliance with the returns and cancellation policy procedures.
If you choose to pay by PayPal, you should follow all instructions indicated in the PayPal website.
If you choose to pay by bank transfer, the bank transfer will be made by Customer to the bank whose details are given in the payment section of the website. Proof of payment is the date in which the amount transferred has been credited to the Seller’s account. The Seller reserves the right to accept a copy of transfer statement sent by e-mail to [email protected], as proof of payment. If the crediting is not completed within 10 days from the order confirmation, the system will proceed with the cancellation.
The order form will be saved in the Fase Uno data bank for the period necessary to process the orders and according to the terms indicated by the law.
e) Acceptance of Order
The Seller reserves the right to refuse the order if the Customer has not fulfilled purchase procedures appropriately, has not accepted the General Terms and Conditions of Sale, has not given the information required for shipment and invoicing and if the payment has not been completed , i.e. if the Customer has chosen to pay by Credit Card, and the bank does not give authorisation to debit the Customer’s Credit Card; if the selected payment is by bank transfer, that the amount is not credited to the Seller’s account within (3) working days from the date of order confirmation; if the selected payment is by Pay Pal, when the amount due is not credited to the Seller’s account.
The total amount includes the cost of items plus shipping expenses, which depend on the shipping means chosen by the Customer and/or made available in the website.
All expenses for customs and taxes due to country of destination are not included.
f) Product Availability
Should the items displayed for sale no longer be available or be sold out at the time of the last access, or no longer be available when the order is confirmed; the Seller will immediately inform the Customer. If the order has been confirmed and the price paid, the Seller will refund the Customer the amount paid.
g) Order Confirmation
When the Customer sends the Order Confirmation electronically to the Seller, the purchase is considered as confirmed and the General Terms and Conditions of Sale are considered as accepted.
The Order Confirmation will be saved in the Seller’s data bank for the period necessary to process the orders and according to the terms indicated by the law.
h) Order Receipt Notice and Order Confirmation
The sale is considered completed when the Customer receives confirmation from the Seller that the order has been accepted, after checking product availability and payment made.
When order is confirmed Fase Uno shall send an email to the Customer with a link to the details of Terms and Conditions , information regarding the essential features of the purchased items, the price, the information concerning the right to return the goods or not, the address where complaints may be sent and the existing commercial guarantees. The Client must immediately verify the contents of this communication and immediately inform the Seller of any errors or omissions. The order receipt notice will contain the reference number of the order assigned by Fase Uno. When received, the Client must keep the reference number of the order for any inquiries on the same.
The Client expressly consents that the information discussed in this article be furnished via e-mail and not by other media.
Fase Uno undertakes to protect the personal information of the Client for the entire on-line sales procedure. It is however impossible to guarantee the safety and integrity of data transmitted to the Website therefore the Seller cannot be considered responsible for damages deriving from the use of the Internet, as in the event of hacking (illicit intrusion into IT systems).
The Customer has the right to cancel the contract, without giving any reasons, within 14 (fourteen) days. The cancellation period expires after 14 days from the day in which the Customer or a third party, who is not the carrier or the designated Customer, has acquired the physical possession of the goods.
To exercise the right of cancellation, the Customer must inform Fase Uno of his/her decision to cancel this contract by means of an explicit declaration via e-mail to [email protected].
If the customer choose this option, the Seller will send without delay a confirmation of receipt of the return request by email, along with all the instructions on how to proceed.
So as to respect the cancellation period, it is sufficient for the Customer to send the communication concerning the cancellation before the expiry of the cancellation period.
If the Client cancels this contract, all payments made to Fase Uno for this contract, will be reimbursed without undue delay and, in any case within 14 days from the date in which Fase Uno receives the cancellation notice. Said refund will be carried out by using a Credit Card, PayPal or Bank transfer. The refund will be made on the basis of the payment method chosen by the Customer. In any case, the Customer will not incur any additional costs as a consequence of said reimbursement. The refund can be suspended until receipt of the goods or until proof of re-shipment of the goods is furnished by the Client, if this happens before. The Customer must ship the goods or deliver them to Fase Uno, without undue delays and, in any case, within 14 days from the date in which she/he has communicated the cancellation from this contract. The term is considered as respected if the Customer ships the goods before the expiry of the 14-day period. The right to cancellation is deemed as having been correctly exercised when the following conditions have been met:
a) Sending an e-mail or the cancellation form as indicated above;
b) The products must be unused and un-damaged.
The returned goods will be subjected to quality control.
The products must be returned with the original labels and tags as originally affixed to them and in perfect condition, new, unused and in their original packaging. The Customer will be responsible for any lower value of the goods caused by handling that differs from what is necessary to establish the nature and characteristics of the goods.
* Shipping cost – 7 € in Italy, islands excluded. – 10 € in Sicily, Sardegna … 12€ in Europe. Free for orders over 300 €.
The delivery days are to be considered from the moment the order leaves our warehouse:
– Europe – European Union –2-6 working days according to the destination
* In case of products “available in boutiques”, the shipment may be subjected to a few days of delay due to the management of the goods at peripheral warehouses.
Fase Uno fwill do its best to guarantee delivery by courier within the delivery time specified in the order confirmation, but is not responsible for any delays due to customs operations and controls, or for reasons of force majeure beyond its control.
Fase Uno may use DHL or TNT/FEDEX .
In the order confirmation the customer expressly accepts the delivery terms provided at art. 54 Consumer Code.
Should you refuse to accept delivery of the items you have purchased, the courier may return the items back to Fase Uno.
In the event this may happen, Fase Uno may be required to pay additional charges to the courier in respect of the cost of return including customs and import duties that were payable by you before the parcel was refused. In these events Fase Uno will recover these costs from you by deducting the relevant amount from any refund owed to you.
Following the processing of the order, Fase Uno will issue an invoice that will be delivered together with the products.
The Customer must verify the correspondence of the Product received compared to the order made. In the event that the Customer should notice that the product does not match the order, she/he must contact Fase Uno with the instructions given in art 6 and attend to the return of the item.
In this case the provisions in art. 6 will be applicable as they are compatible with the procedure.
The sale of the products, for what concerns defective products, is subject to the legal guarantees contemplated by article 129 and subsequent of the Consumer Code. If there should be a a defect of conformity, the Client has the right, at his choice, to the repair or substitution of the defective product by the Seller without extra costs, except where the requested solution is impossible or excessively expensive with respect to the other. However, if the substitution or repair is impossible, the consumer has the right to a reduction in the price or to receive an amount equal to the value of the product, against the right to return the defective product to the Seller. The legal guarantee has a validity of two years from the delivery of the goods and must be requested by the consumer within two months from finding of the defect. The Seller, having verified the defect, must carry out the repair or the substitution of the product within an appropriate time from the request and without charging the costs to the consumer. For complaints we refer to the procedures indicated in art. 13 of the Consumer Code.