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GENERAL CONDITIONS OF SALE

GENERAL ONLINE SALES CONDITIONS

Art. 1 – Definitions
Art. 2 – Scope
Art. 3 – Website registration – Exclusive Contract Formation – Contract execution
Art. 4 – Delivery times and methods
Art. 5 – Prices – Payment method
Art. 6 – Product check
Art. 7 – Seller’s obligations
Art. 8 – Legal Guarantee of Compliance – Activation Methods and Support – Complaints
Art. 9 – Buyer’s obligations
Art. 10 – Withdrawal – Product return
Art. 11 – Termination
Art. 12 – Contract archiving
Art. 13 – Applicable Law and Matters not Covered
Art. 14 – Disputes
Art. 15 – Intellectual Property Rights – Use of the Website
Art. 16 – Changes and Updates

Some background relating to provisions regulating online sales through the Website www.mipadesign.it

These General Sales Conditions, available in Italian and English in a clear and easy to understand language, set forth the general terms and conditions to be applied exclusively to the sale of the Products sold by M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL to its Customers through the website www.mipadesign.it (“Website”) and/or through email exchanges. Unless otherwise agreed between the Parties, these General Sales Conditions will regulate any sale made by M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL through the Seller’s website, where these General Sales Conditions shall be published and available for consultation. The Website provides all the information required by the Consumer Code (issued under Legislative Decree no. 206/2005) regarding all the Products, their characteristics, delivery times for each product, and the consumer’s right of withdrawal.

The User can browse the Website to find the necessary information published therein. By browsing the Website, the User consents to the use of the digital format of all the deeds or documents relating to the purchase and sale of the goods and to the provision of the services offered, without the need to have said documents in paper. The User is required to read these General Sales Conditions carefully before placing an online order.

Upon placing an order in the Website, the User is required to confirm that he/she has read and accepted these General Sales Conditions, and to acknowledge and agree unconditionally to the General Sales Conditions specified below.

The use of the Website is subject to the “Website Terms of Use”, which can be freely consulted in the “Legal Information” section.

Capitalized terms used in these General Sales Conditions shall be construed according to the meanings defined below in the “Definitions” section of this document.

These General Sales Conditions, together with the Order Confirmation, are the contract for the supply of consumer goods between the Seller and the Buyer, as identified above. No other condition or term shall apply.

The Seller may make changes to these Conditions at any time. The Buyer is therefore required to accept only the General Sales Conditions in force at the time of the purchase, a copy of which will be sent or made accessible to the Buyer at the email address indicated by the Buyer upon registration in the Website.

General Sales Conditions are also published in the website “www.mipadesign.it” so that the Buyer will be able to read, store and reproduce them.

It is expressly understood that nothing, in the General Sales Conditions, may be intended to derogate from legal provisions that are mandatory, or in any case to deprive Buyers acting as consumers (under Legislative Decree no. 206 of 6 Sept. 2005, so-called “Consumer Code”) of the warranties and protections offers to them by the law.

Art. 1 – Definitions

The terms listed below, if indicated with the capital initial, shall have the following meaning in the interpretation of these conditions:

“MIPA”: means “M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL”, a company incorporated under Italian law with registered office in Via Mazzini, 182/F, 41049, Sassuolo (MO) and operating site in Via Cantina, 325/A, 41017, Casoni di Ravarino (MO), with tax code and VAT number 02098400365, registered in the Register of Companies of Modena with number 02098400365, with a fully paid-up share capital of € 98,800 – Tel. (+39) 059 818201; Fax (+39) 059 818212 – Certified email:

“Seller” means the natural or legal person identified above, who acts within the framework of the commercial, industrial, craft or professional activity and offers goods through the website of which Seller is the owner.

“Customer – Buyer” means the consumer or professional who makes a purchase of one or more Products from MIPA pursuant to Legislative Decree no. 206/2005.

“Consumer” means the natural person who buys one or more Products for purposes other than the business, commercial, craft or professional activity they run.

“User” means the natural or legal person who has access to the Website, including through the registration and account creation processes.

“Product(s)” means the goods that are offered for sale by MIPA on the Website.

“General Sales Conditions” means these General Sales Conditions for online purchases through the Website shop.mipadesign.it

“Online Sales Contract” means the purchase and sale contract regarding the movable property of the Seller that is executed between the Seller and the Buyer within the framework of a remote selling system using electronic equipment, organized by the Seller.

“Order” means the document that lists the Products selected by the Customer, with a description of the Products and their prices. This document is electronically generated by the Website based on the choices made by the Customer. The Order completes a sales contract.

“Ordering procedure” means the process of electronic forwarding of the order to MIPA by the Customer through the Website for the purchase of Products.

“Delivery costs” means the cost for the transport of the Products purchased listed in the Order.

“Website” means the MIPA website at shop.mipadesign.it

Art. 2 – Scope

  1. a) The scope of any contractual relationship between MIPA and the Customer is the sale (as defined in Art. 1470 and ff. of the Italian Civil Code or, in the case of purchases made by Consumers, in Art. 45, par. 1(e), of the Consumer Code) of the Products listed and offered in the Website “shop.mipadesign.it”.
  2. b) The provision of additional services by MIPA to the Customer (except for the carriage of Products with delivery to the Customer’s domicile) is excluded from the price shown in the Website and during the purchase; in particular, any form of advice concerning Products, the execution and construction of works are excluded.

Art. 3 – Website registration – Exclusive Contract Formation – Contract execution

3.1 Website registration – Exclusive Contract Formation

a) The indication of the Products in the Website, accompanied by the related prices, is an offer to the public according to the procedures specified in the Contract and in the Website. The Products selected by the Customer for purchase, with specific indication of the price, as well as of the cost of the transport service to carry the product to the domicile indicated by the Customer, is MIPA’s sale proposal. The Customer may, at any time prior to the purchase, interrupt the purchase process and abandon the procedure without incurring any penalty.

b) The Customer may complete the purchase following the steps proposed by the Website; in any case, before finalizing the contract, the Customer will be expressly notified that he/she is making a contractual commitment to MIPA, with a consequent payment obligation.

c) Creating an account at “shop.mipadesign.it” is free of charge and can be done by registering with the Website and accepting the “Website Terms of Use” (available online through the appropriate link provided in the footer of the Website). If the User has already created a personal account, he/she will be able to access the services offered by the Website by entering his/her account authentication credentials in the login form.

d) To create an account by registering in the Website, the User will be required to fill in a form with all the required information and, if necessary, any optional information, i.e., first name, last name, address, telephone number, email address and password; after which the User will have to click on the “Register” button. Once this procedure is completed, the User will be able to start purchasing the Products offered in the Website. In order to check that the User is of legal age required by law, the taxpayer’s code will be required. It will be the Seller’s responsibility, without prejudice to legal obligations, to assess whether or not to execute the contract with the Buyer based on his/her age and on the nature of the purchase. The creation of an account allows the User who is willing to purchase consumer goods through the Seller’s website to directly carry out the following activities, inter alia, through that Website:

1) save and edit their personal data;
2) access any order information;
3) manage their personal data and update them at any time;
4) use of the dedicated services that may be offered from time to time (e.g., consult their Wish List, etc.).

The registered User ensures that the information provided during the registration process is complete, correct and truthful. The User commits to hold the Seller harmless from any damage, claim or liability arising from or in any way connected with the User’s violation of the Website registration rules or the retention of Registration Credentials. The User is therefore solely responsible for accessing the Website through his/her Registration Credentials and is directly liable for any damage or injury caused to the Seller or to third parties by misuse, loss, misappropriation by others or failure to appropriately protect the confidentiality of his/her Registration Credentials. All the operations performed using Registration Credentials are considered to be performed by the User to whom they refer.

e) By registering in the Website, the User agrees to receive communications from the Seller for the purpose of executing this contract. The User may request at any time that no further communications be sent to them by email, while maintaining the possibility to access and use the Website. The Seller reserves the right to refuse, at their sole discretion, the registration of a User in the Website. The Seller reserves the right not to accept orders, made by anyone, of abnormal quantities of Products or with abnormal frequencies of purchase in the Website. The User may at any time cancel his/her subscription using the dedicated Unsubscribe button available at the bottom of the email received. The contract between the Seller and the Buyer is executed exclusively through the Internet (online) after the Buyer has accessed the URL “shop.mipadesign.it” where, following the described procedures, the Buyer will be able to formalize the proposal for the purchase of the goods identified.

f) In accordance with the Italian Legislative Decree no. 70 of 9 April 2003 concerning electronic commerce, the Supplier informs the Buyer that:

1) to execute the purchase contract of one or more services through the Website, the Buyer will have to complete an online order form and electronically submit it to the Seller following the instructions that will be made available in the Website from time to time;

2) the Seller will send the Buyer an email confirming and summarizing the order;

3) before proceeding to the transmission of the order, the Buyer may identify and correct any error in the data entered following the instructions prompted by the Website or edit the order;

4) after submitting the order, the Buyer may edit it by accessing the “My Orders” area of the Website and following the instructions that will be prompted on the screen, as long as the order can be edited, without prejudice to the right of withdrawal better specified below.

g) The languages available to the Buyer for the execution of the contract are Italian and English. The Customer Service is available in the same languages.

3.2 Execution of the purchase and sale contract

h) The offer and sale of the Products through the Website constitute a remote contract governed by Article 45, and ff., of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and by Legislative Decree no. 70 of 9 April 2003, which regulates e-commerce.

i) To execute the contract, the Buyer shall fill in the form that is attached to the online electronic catalogue at http://shop.mipadesign.it/checkout/, then review it in the dedicated order review page – a printable page that summarizes the order with all the details of the buyer and ordered products, product information sheet, product prices, shipping costs and any additional charges or fees, payment method and terms, shipment address, expected delivery date and time, an invitation to carefully read these General Sales Conditions, Withdrawal Instructions and the Model Withdrawal Form – and finally submit the filled form online.

j) To make a purchase, the User will select the Send Order option. By sending the order form, the Buyer will acknowledge that he/she has read all the information regarding the purchase process, as well as the further information contained in the Website, i.e., the Privacy Policy and the Cooky Policy, and fully and unconditionally accepts the General Sales Conditions. The Seller reserves the right to reject or cancel User orders. The order will be stored in the Seller’s database for the time required to process it and, in any case, as provided for by the law; the Buyer will also be able to access his/her order from the “My Orders” section of the Website. The Seller will notify the Buyer in the event that an order received cannot be accepted within 24 (twenty-four) hours starting from the working day following the order submission date and will refund any sums already paid for the payment of the supply.

m) When the Seller receives the order from the Buyer, a confirmation email with the details of the order will be sent by the Seller to the Buyer. The contract will not be considered executed and effective between the parties until the Seller has sent this confirmation email. The Buyer shall check the correctness of the details contained in the order confirmation email and notify the Seller with any correction needed within 12 (twelve) hours from the receipt of the order confirmation email. If the Buyer does not confirm the correctness of the details by the term specified above, the Seller may cancel the order. Any cost resulting from errors in details not promptly notified by the Buyer shall be borne by the Buyer. The order number generated by the System and notified by the Seller concerning the purchase made by the Buyer shall be used by the Buyer in all subsequent communications with the Seller.

Art. 4 – Delivery times and methods

a) The Customer acknowledges and recognizes that the delivery times indicated also depend on the stock availability of the Seller. In general, MIPA delivers the Products within the delivery times specified in Art. 61 of Legislative Decree no. 206/2005, i.e., within 30 (thirty) days of purchase.

b) Before the Customer completes a purchase, the Website will clearly indicate the availability of the Products the Customer is viewing, specifying whether additional time is needed for delivery, in excess of the time specified in point 4(a) above; the delivery date will in any case be indicated by the Seller in the Order Confirmation.

More specifically, the following three cases may occur:

1) Products are marked with the single word “Available”; this means they are available in MIPA’s warehouse when the Customer is viewing them in the Website.

2) Products are marked with the word “Available” accompanied by the warning “Delivery might take up to 15 extra days for this product”; this means the Products ordered are not available in the stock at the moment, but MIPA may provide them within a short period of time.

3) Products must be specifically manufactured for the Customer or are out of catalogue; in these cases, the Products cannot be sold through the Website. The Customer is free to send a request to MIPA (using the email address info@mipadesign.it) and ask for a quotation. MIPA will answer all requests.

c) In the events described at points 4(b)(2) and 4(b)(3), delivery may not be possible within 30 days of purchase. In such cases, the Customer will be informed about the possible delivery times before making any commitment to MIPA and Customer will be free to choose whether or not to proceed with the purchase and accept, or not, a delivery time exceeding the one set out in Art. 61 of Legislative Decree no. 206/2005.

d) The goods will be delivered to the destination address stated in the order on the entire national territory by specialized carriers selected by MIPA. The sale is Ex Works, so transportation will be the Customer’s responsibility, subject to the customary carrier’s liability for loss or damage.

e) The Products will be unloaded at the side of the road, near the street number indicated by the Customer, in the most appropriate place for unloading, where the truck can stop. If the address indicated by the Customer cannot be reached due to special obstacles or conditions of the access roads, delivery will take place at the nearest place the truck can access (any porterage service to the Customer address is not included).

f) As soon as the Products have been transferred by MIPA to the carrier, the carrier will notify the Customer and agree a date and time for delivery at the address indicated by the Customer at the time of purchase, within the next 5 (five) days. If the Customer is unable to receive delivery of the purchased Products within 5 days of contact by the carrier, or if Customer needs to postpone the delivery, any storage cost will be charged to the Customer. The Customer is informed that delivery will be scheduled on a time slot basis and no specific time can be agreed. The carrier will make only one delivery attempt at the agreed date and time slot. If the delivery does not take place because the Customer is absent or for any other reason attributable to the Customer, the Products will be carried back to the carrier’s warehouse and it will be the Customer’s responsibility to contact the carrier again and make arrangements to collect the Products at the carrier’s warehouse. As an alternative, the Customer may contact MIPA to agree on a new delivery; in this case, before the new shipment, the Customer will refund MIPA the costs incurred by MIPA for the storage and redelivery of the Products to the Customer. These costs and expenses will be detailed to the Customer in advance, so that the Customer can make an informed decision as to whether to request a new delivery or arrange the collection of the Products from the carrier’s warehouse. If the Products cannot be unloaded in a single delivery due to access restrictions at destination, MIPA may deliver the Products in multiple deliveries, after reasonably notifying the Customer.

g) Unloading the Products from the truck, which is a critical operation for the protection of the integrity of the transported Products, must be carried out by the carrier exclusively using their own equipment. MIPA will not be liable for any damage caused by the Customer if Customer will decide to unload the Products personally or with their own equipment. The disposal of the pallets and packaging used for the delivery is at the Customer’s own expense.

h) Any event that is not controlled by or under the control of MIPA and/or its designees, which truly prevents or delays the fulfilment of MIPA’s obligations shall be considered a force majeure event, therefore MIPA will not be held liable for the possible delays caused. Force majeure events include, but are not limited to, strikes, riots, acts of war and/or terrorism, earthquakes, tidal waves, landslides and other natural disasters, restrictions on the movement and/or sale of Products by order of an authority (whatever the nature of the impediment), outbreaks or pandemics, lockdowns, and so on.

i) When providing information for the delivery of the Products, the Customer must indicate if the destination address is not easily accessible for transport vehicles or if there is any special transport impediment or limitation (e.g., access bans, parking and stopping bans, road inaccessibility for tail lift trucks, etc.). The price of transport will therefore be determined on the basis of the information provided by the Customer, taking into account any higher cost due to delivery difficulties. The Customer will always be free to reject the proposed price and abandon the purchase before it is finalized.

j) The Customer is required to provide accurate and correct delivery address details. The Customer is informed that MIPA will chose a carrier and arrange for transport on the basis of the information received from the Customer; this means that any wrong details provided by the Customer (including, but not limited to, incorrect area code, address, location, etc.) may cause delays or make it impossible for the carrier to deliver the Products, and this could imply additional costs for the Customer that cannot be estimated in advance (as they will depend on the degree of incorrect information provided by the Customer). The Customer holds MIPA harmless from any liability or damage that may arise from the provision of incorrect delivery details. Any request to change the delivery address after the finalization of the purchase may always be notified in writing to MIPA, which reserves the right to consider whether to perform the delivery or not.

Art. 5 – Prices – Payment method

a) All the selling prices of the Products displayed and offered on the Website – http://shop.mipadesign.it/ – are in Euro and make up the offer to the public pursuant to Art. 1336 of the Italian Civil Code. Sales prices:

  •  include VAT and any other tax.
  • do not include VAT or any other tax.

Any expense charged to the Buyer is indicated in the Website.

Shipping costs and any ancillary charges (e.g., customs clearance), even if not included in the purchase price, are indicated and calculated during the purchase process before the order is submitted by the Buyer and also detailed in the web page summarising the order made.

b) Any payment made by the Buyer shall only be made with any of the methods indicated in the purchase form. All payment transactions will take place through a dedicated platform of the Seller, protected by an encryption system. The Seller ensures that payment information will be processed under a further security encryption level in compliance with the applicable legislation on the protection of personal data. For reasons related to the security of payment transactions, the Seller reserves the right to request personal data or a copy of an identity document of the holder of the credit card used for the payment.

c) MIPA accepts the following payment methods:

  • credit card, (list which credit cards are accepted),
  • PayPal.

d) In the event of payment with bank transfer, the Customer is required to pay the entire price of the Products within 7 (seven) days of completion of the purchase process, this being an essential term, in the interest of the Seller, to ensure a correct and efficient organization of procurement and warehouse management operations. Failure to comply with the 7 (seven) day period for payment will result in the automatic termination of the contract pursuant to Art. 1457 of the Italian Civil Code.

e) MIPA will not deliver the Products before collecting the entire price of the goods, including any transport costs. Therefore, in case of payment by bank transfer, the Customer should make sure that the funds are credited before the term of 7 (seven) days.

f) If the Customer opts for payment by credit card, the amount corresponding to the purchased Products and any ancillary service will be charged to the Customer simultaneously with the order summary and confirmation.

g) MIPA will issue an invoice for the sale of each Product. Invoices will be issued based on the information provided by the Customer at the time of registration in the Website or in the email messages exchanged. No changes in the invoicing details will be accepted after the invoice has been issued. As required by Law no. 205/2017 (Budget Law), M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL will transmit invoices in .xml file format using one of the methods selected by the Buyer for their reception:

  • SDI code for e-invoices (priority);
  • certified email.

If no information is provided to M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL concerning the transmission channel through which the .xml invoice file can be delivered, we will use the generic SDI code “0000000” and the electronic invoice will be delivered by the “tax box” of the Buyer in the SDI system on the Revenue Agency’s website.

Art. 6 – Product check

a) At the time of delivery, the Customer is required to check the conditions of the Products and report to MIPA any defect that can be reasonably observed by any average diligent person following a careful inspection of the Products received. The Customer is required to report any obvious defect in the Products within the legal terms (see, for Consumer purchases, the warranty information available at the following address: Via Cantina, 325/A Casoni di Ravarino (MO), and in any case before the Products are used or laid. MIPA shall not be liable for any cost incurred to put into use Products that are clearly flawed or that clearly differ from the Products purchased or for the costs incurred for their removal and/or for the restoration of premises or any indirect or consequential damage that could have been prevented by using customary due diligence in inspecting the Products.

b) The Customer is strongly recommended to promptly report any damage caused to the goods during transportation. In general, the Customer is expected to operate in good faith and undertake all the reasonable actions, without exposing themselves to excessive pressure, to defend MIPA’s right to claim compensation from the carrier.

c) In the event of any defect or discrepancy in the products received, the Customer may report these findings to MIPA’s legal and operating offices and/or by certified email (using the email address: mipadesign@legalmail.it).

d) In order to favour a quick processing of the complaint, the Customer is invited to promptly provide the following information since the first report: order number, invoice number, product name and serial number, quantity, scope and description of the defect or discrepancy. If possible, the Customer should provide photographic documentation in support of the complaint.

e) The Customer acknowledges and accepts that the Products may have a slightly different colour tone from the previously examined samples. Since colour differences are tolerated impossible to predict or prevent in the trade of ceramic products, marble grit tiles, and stone materials in general, the parties hereby acknowledge and recognise that the delivery of materials of a slightly different shade from previously viewed samples shall not constitute a failure by MIPA to fulfil its obligations under this contract.

f) Similarly, as is customary in the ceramic industry, there could be slight differences in tone and gauge between different orders of the same product, especially if distant in time. These differences cannot be considered as production defects.

g) Any warranty and dispute will be excluded where the material has been laid.

Art. 7 – Seller’s obligations

a) The Seller shall not be liable for any disruption in services caused by force majeure events if it could not fulfil an order within the time specified in the contract.

b) The Seller shall not be liable to the Buyer, except in the case of wilful misconduct or gross negligence, for any disruption in services or malfunctions associated with the use of the Internet, which are not under its control.

c) The Seller shall not be liable for any damage, loss or cost suffered by the Buyer as a result of a failure to execute the contract for reasons not under the control of the Seller, without prejudice to the Buyer’s right to be reimbursed the full price paid, plus any ancillary costs incurred.

d) The Seller shall not be liable for any fraudulent and illegal use that may be made by third parties of the credit cards, checks and other payment methods used to pay for the Products purchased, if Seller can provide evidence that all the possible precautions have been adopted based on the best up-to-date science and experience and using due diligence, in full compliance with the applicable legislation at the time of purchase.

e) In no event shall the Buyer be liable for delays or mistakes in payment if he/she can show that he/she executed payment in the time and manner specified by the Seller, unless in case of failure or delayed delivery of the payment due to a reason under his/her control or, in any case, independent of the Seller’s liability.

Art. 8 – Legal Guarantee of Compliance, Activation Methods and Support – Complaints

a) The Customer acknowledges and recognises that MIPA does not offer warranties other than those provided by the law, which differ depending on whether or not the Customer is a Consumer.

b) MIPA is committed to handling reports and complaints with courtesy, correctness and a professional attitude, making sure that the Customer will receive a clear and exhaustive response within the appropriate technical times for the verification of the existence of the reported defect and causes thereof. For this purpose, the Customer may address his/her complaints to the following address: M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL, Via Cantina, 325/A, 41017, Casoni di Ravarino (MO), or send a fax to (+39) 059 818212 or write an email to the following address: mipadesign@legalmail.it.

c) The Legal Warranty applies only for those Buyers who have made the purchase in the Website for purposes unrelated to a business, commercial, craft or professional activity.

d) There is a lack of conformity when the product purchased:

1) is not suitable for the use for which products of the same type are normally used;

2) does not comply with the description made by the Seller and does not have the properties the Seller presented to the Buyer in the form of a sample or model;

3) does not show the usual characteristics and performance of a product of the same type, which the Buyer can reasonably expect, also taking into account the claims made in advertising, in labelling or in the product’s data sheet;

4) is not suitable for the particular use desired by the Buyer and the Seller has been informed of this at the time of the execution of the contract.

e) Therefore, any defect or issue resulting from accidental events or liability of the Buyer or from a use of the Product other than for its intended use or not in compliance with the technical instructions provided in the documentation accompanying the Product and/or, as the case may be, with the contents of the Product Sheet, are excluded from the scope of the Legal Warranty.

f) The Seller shall be liable to the Buyer for any conformity defect existing at the time of delivery of the Product, which becomes apparent within two years of such delivery. The conformity defects must be reported to the Seller, under penalty of nullity of the warranty, within 2 (two) months of the date on which it was discovered. There is no need to report the case if the Seller has recognized the existence of the defect or has concealed it. Unless there is evidence to the contrary, conformity defects that are found out within 6 (six) months of delivery of the Product shall be presumed to have already existed on that date, unless this assumption is not compatible with the nature of the Product or the nature of the conformity defect. In order to invoke the Legal Warranty, the Buyer must first provide the proof of purchase and delivery of the Product.

g) If a conformity defect has been duly notified within the prescribed terms, the Buyer shall be entitled, primarily, to the free replacement of the Product, unless the remedy requested is objectively impossible or excessively expensive with respect to the other. The request shall be sent in writing, by registered mail with return receipt or by certified email, to the Seller, who will indicate either his/her willingness to process the request or the reasons that prevent him from doing so, within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Buyer’s request, Seller shall indicate how the Product will be shipped or returned and the term for return or replacement of the defective Product.

h) As a second option, when repairing and replacing are impossible or excessively expensive (according to Art. 130, paragraph 4, of the Consumer Code), or the Seller has not repaired or replaced the Product within the term referred to in the preceding point, the Buyer may request a reduction in the price or the termination of the contract. The Buyer may request a reduction in the price or the termination of the contract even if the replacement or repair previously performed have caused considerable inconvenience to the Buyer. If the Seller has accepted the Buyer’s request, Seller shall propose a price reduction or the return of the defective product. It will be the Buyer’s responsibility to indicate how the sums previously paid to the Seller should be reimbursed.

i) The remedy requested is excessively expensive if unreasonable costs are imposed on the Seller with respect to alternative remedies that can be sought, taking into account (i) the value the product would have if there were no conformity defects; (ii) the extent of the conformity defect; (iii) the possibility that the alternative remedy may be sought without significant inconvenience to the Buyer.

j) If a conformity defect is found in a Product purchased from the Website, during the validity period of the Legal Warranty, the Buyer may contact the Customer Service using the contact details given below. The Seller will promptly acknowledge the notification of the alleged conformity defect and indicate the specific procedure to be followed to the Buyer, also taking into account the category of goods to which the Product belongs and/or the defect detected.

Art. 9 – Buyer’s obligations

a) The Buyer undertakes to pay the price of the purchased Product(s) at the time and in the manner indicated in the contract.

b) The Buyer undertakes, once the online purchase process has been completed, to print and keep this contract, if Buyer has received a copy of it.

c) It is understood that the information contained in this contract has been reviewed and accepted by the Buyer, who acknowledges it, since this step is compulsory before the confirmation of a purchase.

Art. 10 – Withdrawal – Product return

a) The Buyer who is a Consumer has the right to withdraw from the purchase contract relating to the Product(s) without being requested to indicate a reason and without any cost other than those specified below, within a period of 14 (fourteen) calendar days (“Withdrawal Period”). The Withdrawal Period expires 14 (fourteen) days after:

1) in the event of an order relating to a single Product, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the Product;

2) in the event of a multiple Product order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last Product;

3) in the event of an order relating to the delivery of Product(s) consisting of multiple batches or pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last batch or piece.

b) To exercise the right of withdrawal, the Buyer must inform the Seller of his/her decision to withdraw before the expiry of the Withdrawal Period. For this purpose the Buyer may: a) use the standard withdrawal form made available in the Website (Withdrawal Form); or b) submit any other express statement of Buyer’s decision to withdraw from the contract (Withdrawal Statement), following the Standard Withdrawal Instructions, available in the footer of the Website. The Buyer has exercised his/her right of withdrawal within the Withdrawal Period if the notice relating to the exercise of the right of withdrawal is sent before the expiry of the Withdrawal Period. In the event that the Buyer uses the Withdrawal Statement, we recommend indicating the order number, the Product(s) for which the right of withdrawal should be exercises, and the Buyer’s address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the Buyer, it is in the Buyer’s interest to obtain appropriate support when communicating the intention to withdraw to the Seller. The Model Withdrawal Form or the Withdrawal Statement must be sent to the following address: info@mipadesign.it. Alternatively, the Buyer may notify the Seller by sending a registered mail with return receipt to the address M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL Via Cantina, 325/A, 41017, Casoni di Ravarino (MO).

c) To exercise the right of withdrawal, the notification may be replaced by the return of the purchased Product(s) (see point 14 below), provided that it is returned within the specified terms. The date of delivery to the post office or to the carrier shall be considered by the parties as the effective date for this purpose.

d) Upon receipt of the notification sent by the Buyer to indicate his/her intention to withdraw from the contract, the parties to this contract shall be released from their mutual obligations.

e) The right of withdrawal will not apply in the cases set out in Art. 59 of the Consumer Code, and particularly when: a) the goods supplied have prices linked to fluctuations in the financial market that the Seller is unable to control and which may occur during the Withdrawal Period; b) the goods supplied are custom-made or clearly personalized. If the right of withdrawal does not apply for any of the reasons contemplated by the law, this shall be specifically and expressly specified in the Product Sheet and, in any case, during the purchase process, before the Buyer transmits the order.

f) If the Buyer exercises his/her right of withdrawal, he/she shall also return the Product(s) to the Seller by using a carrier of his/her own choice and at his/her own expense, without undue delay and in any case within 14 (fourteen) calendar days from the date when he/she notified the Seller with his/her decision to withdraw from the contract to . The deadline is met if the Buyer returns the Product(s) before the expiry of the 14 (fourteen) day period. The Product(s), properly packaged, must be shipped to the following address: M.I.P.A. MANIFATTURA ITALIANA PAVIMENTI ARTISTICI SRL Via Cantina, 325/A, 41017, Casoni di Ravarino (MO). The direct costs of returning the Product(s) to the Seller shall be borne by the Buyer.

g) The cost of returning the Product(s) using a specific carrier will be indicated in the Withdrawal Instructions, together with the indication of this carrier. Withdrawal Instructions containing information on how to exercise the right of withdrawal are made available to the Buyer through the Website before the execution of the contract and are also provided in the order confirmation. Returning the Product(s) to the Seller is under the responsibility and at the expense of the Buyer.

h) If the Buyer withdraws from the contract, the Seller shall refund the total amount due paid by the Buyer for the Product(s), including delivery costs, without undue delay and, in any case, no later than 14 (fourteen) calendar days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract. The refund will be made using the same payment method used by the Buyer for the initial transaction, unless the parties have expressly agreed otherwise. In any case, the Buyer shall incur no additional costs. The Seller may reserve the right to withhold the refund until the goods have been received or until the Buyer provides proof of their shipment, depending on which situation occurs first.

i) The Buyer is responsible for any reduction in the value of the Product(s) resulting from handling the product other than as necessary to establish its nature and characteristics. The Product(s) shall in any case be stored, handled and inspected with due care and diligence, returned intact, complete in all its parts, accompanied by all accessories and package leaflets, with labels, if any, still attached to the product, and perfectly suitable for its intended use.

Art. 11 – Causes of termination

a) The obligations to pay the price of the purchased Product(s) within the times and with the methods indicated by the Buyer, as well as the guarantee of successful payment by the Buyer with the methods referred to in point 5), and also the exact fulfilment of the Seller’s obligations under this contract, are essential requirements; so, by express agreement, failure to comply with even only one of these obligations, if not fortuitous or due to force majeure, will result in the termination of the contract under Article 1456 of the Italian Civil Code, with no need to file a case.

b) In the event that the Buyer does not pay the total amount due, Seller will send Buyer an email with an invitation to pay the total amount due within 8 (eight) days, with the warning that, after the end of this period, the contract will be terminated by law. The Seller reserves the right to block the purchase functions for defaulting users in the Website, giving them notice of this decision in the manner indicated above.

Art. 12 – Contract archiving

a) Pursuant to Art. 12 of Legislative Decree no. 70/2003, the Seller informs the Buyer that every order sent will be stored in digital/paper form on the server/at the Seller’s premises, according to confidentiality and security criteria.

Art. 13 – Applicable Law and Matters not Covered

a) This contract executed through the Website is governed by the Italian law.

b) Anything not expressly dealt with in these General Sales Conditions shall be regulated by the law applicable to the relationships and specific cases provided for in this contract, and in particularly by Art. 5 of the 1980 Rome Convention.

c) All this without prejudice to the application, to Buyers who are Consumers and are not resident in Italy, of any more favourable and mandatory provisions laid down by the law of the country where they have their residence, particularly as regards the term for the return of the Products, the term for the exercise of the right of withdrawal, and the conditions and formalities for communication, the term for returning the Product(s), guarantees of conformity and support activities.

d) Buyers residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Sales Conditions, the European Small Claims Procedure, Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute, excluding interest, fees and expenses, does not exceed € 2,000.00 (two thousand euro/00).

Art. 14 – Disputes

a) Without prejudice to the right to seek remedy in court and identify the competent jurisdiction (especially in case of contracts executed with Consumers), MIPA commits to adopt procedures for the out-of-court settlement of disputes. In particular, MIPA will take part in any (voluntary or compulsory) mediation procedure that may be promoted by its Customers, both Consumers and Businesses, relating to any claim lodged before any of the mediation organisations accredited by the Ministry of Justice.

b) Any dispute arising from this contract shall be submitted to the Organismo di mediazione dell’Ordine degli Avvocati of Modena (Mediation Committee of the Bar of Modena) for a first settlement attempt according to the rules adopted by this organisation.

c) If the Buyer is a Consumer, and the applicable legal requirements are fulfilled, the dispute may also be submitted to the alternative dispute settlement bodies referred to in Art. 141-ter and 141-decies of the Consumer Code.

d) Pursuant to Regulation (EU) 524/2013, for the settlement of disputes concerning the online purchase of products and services, specifically regarding disputes between Consumers and Businesses, the so-called Online Dispute Resolution (ODR) procedure is available by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.

e) If the parties agree to submit the dispute to the ordinary courts, if the Buyer is a Consumer, the competent jurisdiction shall be that of the place of residence or elective domicile of the Buyer, in accordance with Art. 33, paragraph 2, letter u) of the Consumer Code. In the other cases (Non-Consumer Buyers), the exclusive jurisdiction for all disputes will be the Court of Modena.

Art. 15 – Intellectual Property Rights – Use of the Website

a) All contents, in any format, published in the Website, including web pages, artwork, colours, diagrams, tools, the fonts and design of the website, the diagrams, layout, methods, processes, functions and software that are part of the Website are protected by copyright and by any other intellectual property rights of the Seller and any other owner of rights. Reproducing, in whole or in part, in any form, the Website and its contents is forbidden without the express written consent of the Seller. The Seller has the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Website and its contents.

b) With respect to the use of the Website, the Buyer is only authorized to:

1) browse the Website www.mipadesign.it and view its contents;
2) perform all temporary acts of reproduction that have no separate economic value on their own and that are transient or incidental, forming an integral and essential part of the same visualization of the Website and its contents;
3) all other website navigation operations that are performed only for a legitimate use of the same and its contents.

c) The Seller’s trademark, as well as all the figurative and non-figurative trademarks and, more generally, all the other trademarks, illustrations, images and logos used on the Seller’s Products and on the related accessories and/or packaging, whether registered or not, are and will remain the sole property of the Seller. The total or partial reproduction, modification or use of such trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of the Seller is strictly forbidden. This clause does not apply to the private use of the Products purchased through the Website. Any combination of the above-mentioned trademarks with other trademarks, symbols, logos and, more generally, any distinctive sign aimed at creating a composite logo is also forbidden.

Art. 16 – Changes and Updates

a) These General Sales Conditions may be amended from time to time by the Seller, also in the event of any change in the regulatory framework. The new General Sales Conditions will be effective from their date of publication in the Website. The purchase order submitted by the Buyer shall be governed by the contract provisions published in the Website at the time of submission of the order.

THE CUSTOMER IS INVITED, BEFORE SUBMITTING THE ORDER, TO CAREFULLY READ THE GENERAL SALES CONDITIONS ABOVE AND THE INFORMATION CONTAINED HEREIN, AND TO PRINT OR SAVE THEM ON ANOTHER SECURE AND ACCESSIBLE MEDIUM.

I confirm that I have reviewed, in particular, the clauses and conditions above, and specifically articles 4 (Delivery times and methods), 7 (Seller’s obligations), 9 (Buyer’s obligations), 10 (Withdrawal – Product Return – Reimbursement), 11 (Causes of termination), 14 (Disputes), which, having been read and approved, are accepted by the Buyer with any consequent effect and particularly pursuant to Articles 1341 and 1342 of the Italian Civil Code.

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