General terms and conditions
GENERAL TERMS AND CONDITIONSAPPLICABLE TO THE RELATIONSHIP WITH THE END CONSUMER
(a person who buys goods for purposes not related to his professional activities) AND FOR THE ONLY PART RELATING TO THE PURCHASE PROCEDURES DESCRIBED BELOW, APPLICABLE ALSO TO PROFESSIONALS
(companies or individuals who purchase for professional purposes)1. Introduction1.1
These terms and conditions govern the sale of Mucci mu of Soracco Giada products, hereinafter, for brevity, Mucci mu (apparel, accessories, leather goods, jewelry, and footwear) sold on the site http://www.muccimu.com. All purchase agreements of products between the seller and the end customer are entered into according to the procedures shown below.1.2
The part relating to the purchase procedures described therein also applies to professionals, or companies or in any case subjects who purchase the goods for professional purposes. With regard to these, therefore, the following sections do not apply: 8 (withdrawal); 9 (replacement of clothing products by customer error in identifying the size); 10 (guarantees pursuant to Legislative Decree 206/2005); 12.2 (consumer forum).1.3
The price of each individual product for sale shown in the electronic catalogue will appear including the rate of Italian VAT (22% on taxable items) to be applied for sales in Italy and in EU countries. For sales made in non-EU countries, exempt from VAT pursuant to article 8 of Presidential Decree 633/72 and Article 41 of Decree 331/93, the price of each product will be determined by separating the aforementioned VAT rate by the corresponding price indicated in the catalogue and will, in any case, be confirmed to the customer interested in buying from Mucci mu with the procedures established section 4 for online sales and section 5 for sales in different modes.1.4
All prices on the site are intended as the retail price. Mucci mu reserves the right to change prices at any time without prior notice.2 - Acceptance of the conditions of sale2.1
The agreement between Mucci mu and the customer must be understood
to be agreed upon with the acceptance, even partial, of the order by Mucci mu, which reserves the right, at its sole discretion, to accept the order. By placing an order in the manner provided, the customer claims to have read all the information provided during the purchase process and to accept the general and payment conditions transcribed below.2.2
Any right of the client to damages or compensation is excluded, as well as any contract or tort liability, for any direct or indirect damages to persons and/or property caused by the rejection, even partial, of an order.3 – Purchasing - - documentation relating to the purchase procedure and tax documentation – shipping expenses
For online sales in Italy and in EU countries, once the purchase procedure is concluded, the customer will print or save a copy of the documentation relating to the purchase procedure, to keep, the present general conditions of sale, drafted by Mucci mu, in compliance with current legislation, also keeping the tax documentation received by Mucci mu regarding the purchase.3.2
For sales in non-EU countries and for sales in Italy and the EU countries in which the purchasing process is not entirely on-line, the customer shall print or save a copy of the purchasing documents used in the process, and therefore keep, the general sales conditions, compiled by Mucci mu, in compliance with current legal regulations.
The customer can only purchase products from the online catalogue of Mucci mu at the time of the order and viewable at http://www.muccimu.com, as described in the related Informative entries. Mucci mu reserves the right to change technical product information without any notice. It is understood that the picture accompanying the description of a product cannot be fully representative of its features and differs in color and fit. The purchase support information indicates the main features of the product.3.4
Mucci mu accepts orders for delivery in Italy, in Europe, and in the rest of the world on request, provided the shipment is feasible in relation to any impediment that may arise in relation to a certain destination.3.5
The simultaneous access of many users/clients, the simultaneous possibility of
online orders, and at the same time eventual in-store sales, change availability of the products. Mucci mu does not therefore guarantee availability of goods seen in the electronic catalogue.3.6
Shipping costs are shown to the customer prior to the purchase as expressly indicated in section 4.5 for online sales and paragraph 5.3b) for sales in different ways. No additional fee or commission is due by the customer except for any customs duties that will be communicated by courier to the customer at the time of delivery and with the exception of expenses incurred in case of a return to Mucci mu and resending the goods back to the customer.3.7
For each order placed in the ways described below, according to the purchase procedure, Mucci mu will issue a tax document of the material shipped, an invoice or a receipt, depending on the buyer, as specified below. For the issuance of the tax document, the information provided by the customer at the time of the order and the order itself is deemed trustworthy. No change in the tax document will be possible after it has been issued.4 - Purchase order and payment method for purchases made from Italy and from EU countries4.1
The customer will find a detailed explanation on how to proceed with online purchases from the website http://www.muccimu.com, link LOGIN/REGISTERED containing the registration form for sales to customers in Italy and in countries belonging to the EU.4.2
Two options will appear on the registration page: PRIVATE / CONSUMER or COMPANY / PROFESSIONAL. To proceed with the online purchase, the customer must choose one of the two alternative options by clicking on the desired one.
If the customer chooses the PRIVATE / CONSUMER option, he will have to enter the data that will be requested from him in the screen that will appear after clicking the corresponding button. Once the purchase has been made, in the manner described in the following points, the issue of a receipt will follow.
If the customer (company, or other person who buys for professional purposes) chooses the COMPANY / PROFESSIONAL option, he will have to enter the data necessary for the issue of the invoice which will be requested from him in the screen that will appear to him after clicking the corresponding button. The purchase process will always take place in the manner described in the following points.4.3
After signing up, the customer will find products listed for sale with their relative prices, including VAT, for purchasing the product or products he will choose. The order that will be made, after knowing the shipping fees, and displayed in the purchase procedure described in section 4.5, if accepted, entails payment obligation by the customer.4.4
Orders can be made by the customer on http://www.muccimu.com at any time. They will be reviewed by Mucci mu within 24 hours. If the order is made on a public holiday, it will be reviewed on the next first working day. If for any reason the Mucci mu store is closed, the order will be considered on the first working day the store is reopened.
In the case of non-acceptance of the order, PayPal or Mucci mu will give timely notice to the customer. If the order is accepted, the system operating the online Mucci mu shop, run by http://www.muccimu.com, will provide confirmation to the customer by email at the end of the purchase process. In addition, as specified in the following paragraphs the successful conclusion of the purchase process, and then the payment, is automatically confirmed by email from PayPal to the customer and to Mucci mu.4.5
The purchasing process will be completed through the PayPal payment system (PayPal account/card), or by debit or credit card. For PayPal payments you must be in possession of a credit card/debit card or a PayPal card/account. For details go to www.paypal.com.4.6
Having identified the products intended to be bought and having clicked on the word BUY to complete the order, the customer, who is made aware of the costs of shipping depending on the place of destination of the goods, is directed to the PayPal login page. Online transactions are made through PayPal directly on the PayPal site, via a secure server, which guarantees the safety
The amount of the order is debited from the PayPal account/card or from the checking account
connected to the ATM or credit card at the time of completion of the order.4.7
The on-line transactions with PayPal will happen when the customer makes payment with a PayPal account/card or by debit or credit card. PayPal will provide e-mail confirmation of the completion of the payment procedure to both the customer and Mucci mu.4.8
All purchases of products available in stock, of which confirmation of payment was received, are entrusted to the carrier within 24 hours, excluding holidays and excluding days of store closure for any reason.4.9
At no time during the purchase process is Mucci mu able to view the data of the credit card, ATM, or PayPal card/account used by its customers, nor other financial information relating to the customer. Since there is no transmission of data, there is no possibility that this data can be intercepted. No archival information of Mucci mu contains, or maintains, such data.5 - Purchase order and payment method for purchases made not entirely on-line by extra EU and/or Italian and EU countries
All customers outside the EU who are not required to register because the payment process is not entirely on-line and all other customers from Italy and EU countries that do not intend to register for online purchase, can contact Mucci mu at email email@example.com or by using the instant messaging application WhatsApp, (chat) +39 331 204 6206 to finalize your purchase, communicating your identity (first and last name); your country of origin (country, city, and address including ZIP, e-mail and/or WhatsApp number); where tax information is required, an invoice is necessary; the detailed description of the item or items you intend to purchase (item name(s) and code, size and color of the product).5.2
Customers from non-EU countries will be able to provide the data required for the purchase, as indicated above, also through the form on each page of the product catalog, called EXTRA CEE FORM TO BUY, which will have to be filled in and mailed to Mucci mu at firstname.lastname@example.org
Mucci mu will inform the customer as soon as possible via mail or via WhatsApp:
a) the possibility of making a sale in relation to the place of destination of the goods if the sale is to be made in an extra EU country;
b) in the case a sale is possible from a non-EU country where the goods are destined and for all other customers who purchase from Italy or from EU countries, Mucci mu will notify the customer of the cost of the goods, plus the related costs of shipping, bank details related to the checking account where payment is made in Euros, indicating that the order consists of the payment obligation.
The order can be made by the customer via e-mail at the same address email@example.com, or via WhatsApp through the same chat number +39 331 204 6206.
Orders can be made by the customer at any moment. They will be reviewed by Mucci mu within 24 hours. If the order is made on a public holiday, it will be reviewed on the next first day of business. If for any reason the Mucci mu store is closed, the order will be considered on the first working day the store is reopened. Mucci mu will promptly communicate to the customer via email acceptance of the order or its non-acceptance.5.6
The purchase process must be completed with payment to be made exclusively by bank transfer on behalf of Mucci mu to the checking account indicated in the order confirmation, paid in Euros and, via email, a copy of the bank transfer made confirming payment to Mucci mu. 5.7
All purchases of products available in stock, in which confirmation of payment was received, are entrusted to the carrier within 24 hours at the moment the bank transfer is credited to the checking account of Mucci mu, excluding holidays and excluding days the store is closed for any reason (credit is usually made within 7 working days from the time the transfer is executed).6 - Type of delivery - customer knowledge of shipment status6.1
At the conclusion of the purchase, as soon as the order is entrusted to the courier and after the shipper has communicated the data concerning the shipment to Mucci mu, the latter will provide the customer via email the tracking number of the shipment (the tracking number is the number that is found on the shipping label/waybill identifying each individual shipment) and the name of the appointed courier.6.2
The customer can follow the shipping status of the product or products purchased online on the appointed carrier's web site, whose name will be provided via email from Mucci mu along with the tracking number of the shipment. When consulting the carrier's site online, the customer will be referred to a web page of the same courier containing a field inside which the customer can type the tracking number. In this way the customer will be updated as to the status of his shipment.6.3
This procedure for identification of tracking the shipment, a general application, may be replaced by another different procedure that will be shown to the customer by Mucci mu due to another tracking system being used by the shipping agent for the foreign country to which the delivery will occur.7- Method of delivery - damage occurring during transport7.1
Delivery of the ordered product is intended to be made to the floor where the recipient lives, up to a weight of 30 kg for each package.7.2
The goods travel with packaging prepared by Mucci mu with possible further packaging by the shipper.7.3
Standard delivery of the ordered goods are 24, 48, or 72 hours depending on the destination and are purely indicative. Delivery times may be subject to change for reasons of force majeure or due to traffic conditions and road conditions in general or by acts of authority.7.4
No responsibility can be attributed to Mucci mu in case of delay of order fulfilment or of delivery of goods ordered.7.5
Upon delivery of the goods by the courier, the customer is required to check:
- that the number of boxes is the same as indicated on the invoice;
- that the packaging is intact, not damaged, nor wet, nor otherwise altered.
Any external damage or mismatch in the number of packages or information must be immediately reported to the carrier making the delivery, adding the words "accepted subject to verification" on the appropriate document accompanying the package. The packages will therefore have to be confirmed within 10 working days by registered mail with return receipt to the same forwarder or courier whose address is listed on the accompanying document. In the specific case of a damaged package the customer must write "accepted subject to verification because the package is damaged".
In the event that the appointed courier, in the general agreement conditions that appear on its website, provides a simplified, electronic procedure for a claim, the customer can, at his choice, choose that option, directing the claim with the appointed carrier according to the procedure indicated.7.6
For each claim, the customer assumes full responsibility for everything alleged.7.7
Once the shipper’s document is signed, the customer cannot make any further dispute about the external characteristics of the delivered goods. Even with packaging intact, the goods must be checked within 8 days from receipt, subject to the application of a longer deadline where provided for by international conventions in force, and which cannot depart from these conditions. Any anomalies or hidden damage must be reported in writing by registered mail with return receipt to the shipper to the aforesaid address or to the appointed courier, whose address is listed on the accompanying document. Packaging should always be preserved.8 - Right of cancellation8.1
Under Article. 52 et seq. of Leg. n. 206/2005 and subsequent amendments, the client, the end consumer, has the right to withdraw from the purchase agreement without specifying the reason, without any penalty, except as indicated in point 18.104.22.168
To exercise this right, the customer can send the attached cancellation form, in accordance with Article 49, subsection 1, letter h) duly completed (Annex 1), or can send, by registered mail, any other unequivocal statement of his decision to terminate the agreement to Mucci mu of Soracco Giada, Via Rusconi 10/A 22100 Como or to Pec at the address Pec: firstname.lastname@example.org within 14 working days from the date of receipt of goods, also indicating the proper bank coordinates (IBAN) for credit.8.3
Upon receipt of the notification of cancellation, Mucci mu will confirm by email the right of cancellation to the client and the latter must return the product within a deadline of 14 days from the date his decision to cancel the agreement was communicated to Mucci mu. For the purposes of the deadline, the product is considered returned the moment in which it is delivered to the post office or courier.8.4
Mucci mu will refund the price of the product for which the right of cancellation was exercised. The costs of delivery and shipping costs for the return of the goods are charged to the customer.
The refund will be made without undue delay and in any case within 14 days from the day
Mucci mu is informed of the consumer's decision to cancel the agreement. However, Mucci mu may withhold the reimbursement until it has received the goods being returned. The reimbursement will be made by bank transfer.8.5
The right of cancellation is subject to the following mandatory additional conditions:
- the right to cancel applies only if your product is returned in its entirety; it is not possible to exercise the right of cancellation on only part of the product purchased;
- The product must be returned intact and in its original packaging, complete in all its parts (including packaging and the sales documents); in the case which, the delivery made, the original packaging had been deteriorated upon its opening and no longer suitable to ensure the integrity of the product to be returned, the customer will be required to pack the original packaging containing the product in a suitable package to preserve the state of the original package;
- products will not be accepted that can no longer be considered whole and consequently the right of cancellation is lost for lack of the essential condition of integrity of the good (the packaging and/or its contents), in cases where Mucci mu finds:
* The lack of the outer packaging and/or the original interior package;
* The absence of integral elements of the product (e.g. accessories or parts of the product
itself) or defects to the product. With specific regard to items of clothing such as underwear, leotards, and swimsuits, it should be noted that hygienic protection is an integral element of the product.
* The product is damaged for causes other than its transport;
* A state of filth of the product or outward signs that indicate its usage.8.6
The return of products that are damaged or deteriorated will not be accepted by Mucci
mu and will be returned to the client with the obligation of additional expenses of redelivery.
In case of forfeiture of the right of cancellation, Mucci mu will return the item purchased to the sender, charging shipment fees to the client.
- if the goods are damaged during transport, resulting in their return, Mucci mu will inform the customer of the incident (within 5 days of receipt of the goods) by email, to enable him to file a timely complaint against the carrier he chose and to obtain reimbursement of the value of the goods; in this case the product will be made available to the customer for its return, with the simultaneous annulment of the request for cancellation.
9 - Replacement of clothing products for customer error in identification of the size9.1
Except in cases of substitution of the product in accordance with compliance of the warranty, referred to in Chapter 10 and subject to the right of cancellation, the customer, in the event of an error in identification of the size of the purchased garment, has the right to replace the same item with the same model, differing only in size, provided there is availability by Mucci mu. In this case, the customer will be responsible for all costs arising from the substitution. In the case where Mucci mu is not able to replace the product with another identical item still in the catalogue but of a different size requested by the customer, the latter may proceed with replacement of the product with another product in the catalogue, of equal value, or, subject to payment of the difference, of higher value.9.2
As for the cases of cancellation, the return of products that are damaged, or deteriorated,
or otherwise used, will not be accepted by Mucci mu and will be returned to the customer with obligation of the additional cost of delivery.9.3
In no case can any type of damages be obtained from Mucci mu for any delay in the execution of product substitutions.
10 – Guarantees10.1
All products marketed by Mucci mu are covered by the manufacturer's standard warranty and by a 24-month warranty for lack of conformity, pursuant to Legislative Decree n.206 / 2005, as amended. To benefit from warranty service, the customer must keep the purchase and shipping documents.
The guarantee of 24 months under Legislative Decree n.206/2005 and subsequent amendments applies to products that present a lack of conformity, provided that the same is used correctly, respecting their intended use and as provided in their respective labels.10.3
The customer forfeits his warranty unless he files a complaint against Mucci mu for lack of conformity within two months from the date on which he discovered the defect.10.4
Under Article 130 Legislative Decree 206/2005 and subsequent amendments, in case of lack of conformity the customer has the right to restore, without charge, the conformity of the goods by means of repair or replacement, or to an appropriate price reduction, or to termination of the agreement. The choice between repairing the defective product or requesting its replacement, at no charge in both cases, is up to the client, unless the remedy required is objectively impossible or excessively expensive compared to the other, in accordance with art.130 paragraph 3 of Legislative Decree n.206/2005, and subsequent amendments.10.5
In the event that for any reason Mucci mu is not able to replace a product under warranty with another identical product still in the catalogue, Mucci mu will proceed, with consent of the customer, to replace the product itself with another of equal value, or with another of higher value, with advanced payment for the difference, or eventually return the purchase price to the customer together with the costs of shipment.10.6
In no case can any kind of damage be obtained from Mucci mu for any delay in the execution of product replacements.10.7
In cases where the application of guarantees foresees the return of the product, the product must be returned by the customer in its original packaging, complete in all its parts (including packaging and purchasing documents).11 – Complaints11.1
Any complaint must be addressed to Mucci mu via registered mail at the headquarters in Como, Via Rusconi 10/a or through Pec at Pec: email@example.com
12 - Governing Law and Jurisdiction12.1
The sales agreement between the customer and Mucci mu is considered concluded in Italy and regulated by Italian law.12.2
For resolution of civil and criminal controversies arising from the conclusion of this remote sales agreement, the local jurisdiction in Italy is the place of residence or domicile of the customer, if located within the territory of the Italian state. In all other cases it will be settled in the jurisdiction of Como.13 - Conditions - validity and modifications
The conditions contained in this document will be valid from the date they are published on the website: http://www.muccimu.com.13.2
Mucci mu may modify the conditions contained in this document without prior notice.
1) Cancellation form, in accordance with Article 49, paragraph 1, letter h) Decree n.206/2005 and subsequent modifications
Recipient: Mucci mu of Soracco Giada, Via Rusconi 10/a - 22100 Como, to be sent by:
- registered mail to the mailing address above.
- by means of Pec at the Pec address: firstname.lastname@example.org
I hereby serve notice that I am cancelling my agreement of sale of the following item/items ..................... .received on ............... ..
First and Last Name of the consumer
Complete Consumer Address
Signature of the consumer (only if this form is served by registered mail with return receipt)
DateINFORMATION REGARDING THE PROCESSING OF PERSONAL DATA
(Article 13 of EU REGULATION 2016/679) For the purposes set forth in EU Regulation No. 2016/679 on the protection of individuals with regard to processing personal data,
You are informed that the processing of personal data you have provided and acquired from Mucci mu by Soracco Giada, below, for the sake of brevity, Mucci mu, will be the object of treatment in compliance with the regulations set forth in the foregoing Regulation and in compliance with the resulting rights and obligations.1) Data controller
The data controller is Soracco Giada, owner of Mucci mu, headquartered in Como Via Rusconi n.10/a (phone 031/260261, email address email@example.com; PEC address firstname.lastname@example.org) Purpose and legal basis of data processing
a) Personal data provided and intended to be included in an archive are collected and processed from the Owner for purposes related to sales of products marketed by Mucci mu present on the website http://www.muccimu.com; and for purposes strictly connected, or linked, or instrumental to it, including evasion of purchase orders, shipping and delivery of products sold, as well as to purposes of the related legal, fiscal, and accounting obligations.
With the express consent of the interested parties the personal data collected will be also processed by the Owner for the following purposes:
b) elaboration of statistical and market analysis;
c) sending via paper and electronic mail and/or via sms, mms, and instant messaging applications such as WhatsApp, communications concerning the products on sale and the promotional activities of Mucci mu.
3) Consequences of the failure to communicate personal data
With regard to personal data relating to the conclusion and execution of the contract of sale of the products displayed in the online catalog of Mucci mu that the customer intends to purchase and inherent to the fulfillment of the consequent regulatory obligations, the failure to communicate personal data prevents the completion of the sales contract.4) Personal data of a person under 16 years of age
When the person conferring data is under the age of 16, data processing is lawful only if and to the extent that such consent is given or authorized by the holder of parental responsibility for which identification data and copy of identification documents are acquired.5) Method of providing data
For Italy and EU countries the data of Mucci mu customers are conferred by the same to the Owner by filling in, at the time of purchase, a registration form referred to in point 4.1 of the general terms and conditions. For customers from countries outside the EU, the data are given through the compilation of the form called EXTRA EU FORM TO BUY, referred to in paragraph 5.2 of the same general conditions of contract. Both EU customers and customers outside the EU may in any case provide the Owner with their personal data via e-mail, or using instant messaging applications such as WhatsApp.6) Dissemination of data
Personal data collected by the Owner will neither be disclosed for commercial purposes nor communicated to other subjects, except for the use and communications for the purposes indicated in point 2 above.7) Data communication
Personal data collected may be communicated to consultants and accountants who provide services that serve the legal or regulatory obligations for Mucci mu.8) Period of data retention
The retention of personal data provided will be for the duration established by tax obligations established by Italian law concerning the conservation of the documentation relating to sales or for other purposes provided for by law or regulation.9) Rights of the interested party in relation to the data, which is the object of the data processing referred to in this statement
The interested party is granted at any time the exercise of all the rights attributed to him by the current provisions of the law. In particular, the exercise of the following rights:
- Access in order to request confirmation of the existence or not of personal data and obtain information about the purposes of the data processing, the categories of personal data, recipients or categories of recipients to whom personal data have been or will be communicated and, when possible, the period of storage; (Article 15 of EU Regulation No. 2016/679); - Data rectification (art. 16 EU Regulation n. 2016/679); - Cancellation of any data for which the Owner no longer has any legal requirement for processing the data (Article 17 of EU Regulation No. 2016/679); - Limitation to the way in which the Owner processes the personal data of the interested party, in the hypotheses specified by current legislation (Article 18 of EU Regulation No. 2016/679); -Portability, understood as the right to obtain a copy from the Owner of the personal data provided, in a format structured by common use and readable by a data processor, and in a format commonly used by an electronic device (Article 20 of EU Regulation n / 2016/679); - Opposition at any time to data processing, where required by applicable law (Article 21 EU Regulation n / 2016/679); - Revocation at any time of consent to data processing, without prejudice to the lawfulness of the processing based on the consent acquired before the revocation (Article 7, paragraph 3 EU Regulation n.2016 / 679); - Propose a complaint to the Guarantor Authority for the Protection of personal data (Article 51 of EU Regulation n / 2016/679).
The exercise of said rights can be exercised through written communication to be sent by e-mail to email@example.com or by registered letter with return receipt to Mucci mu of Soracco Giada, Via Rusconi 10/a in Como.10) Security
The Owner uses appropriate security measures in order to guarantee the protection, security, integrity, and accessibility of data personal data of the interested parties. All personal data processed are kept on a protected server or on paper copies properly stored and accessible and usable according to the standards and safety measures appropriately implemented by the Data Controller.11) Updates
This information was updated on 22 July 2018