Terms & conditions of sale
The sale of products on our website (“www.missoni.com” or the “Site”) is governed by these general terms and conditions of sale (the “General Terms and Conditions of Sale”). The products purchased on the Site are sold directly by Missoni S.p.A. (“Missoni” or the “Seller”), a company with registered office in Italy, via Luigi Rossi 52, 21040, Sumirago (VA), Taxpayer and VAT ID number and registration number with the Companies’ Register of Varese 00213650120, Share Capital Euro 6,537,143.08 fully paid up.
1. OUR TRADING POLICY
The Seller only sells through the Site products bearing the Missoni trade mark and/or other trade marks of the Seller and/or trade marks licensed to the Seller. The Seller conducts its e-commerce business exclusively with regard to its end users who qualify as “consumers” (the “Customers”). The term “consumer” means any natural person over 18 years of age who acts on the Site for purposes not related to any trading, entrepreneurial, handicraft or professional activity that he or she may perform. Products sold on the Site may only be purchased by Customers for personal use, with the express exclusion of any person acting as a dealer or as an intermediary for dealers.
In view of its trading policy, the Seller reserves the right not to process orders from persons other than “consumers” or, in any case, orders that do not comply with its trading policy.
These General Terms and Conditions of Sale exclusively govern the placing and acceptance of purchase orders for products on the Site between Customers and the Seller.
These General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than the Seller, whose products are accessible on the Site via links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, each user should check their terms and conditions of sale, as the Seller is not responsible for the provision of services by third parties that are not the Seller or for the conclusion of e-commerce transactions between users of the Site and third parties.
The language for concluding contracts between the Customer and the Seller is English.
2. INFORMATION ON PRODUCTS AND THEIR AVAILABILITY
The essential characteristics of the products are shown on the Site within each product information sheet, with an indication of the related price, the methods of payment that the Customer may use, how the purchased products are delivered, the way Missoni handles complaints, and any shipping and delivery costs. The Seller’s references and physical and email addresses are also provided and the date by which the Seller undertakes to deliver the goods.
The information contained on the Site does not constitute an offer to the public.
The images and colours of the products shown on the Site, as well as their graphic representation, might not correspond exactly to the physical product due to the effect of the Internet browser and the monitor used. The Customer must therefore rely exclusively on the product description and characteristics given on the Site.
Missoni reserves the right, at any time, to limit the type and/or quantity of products that can be purchased on the Site. Missoni shall not be liable to the Customer in the event of unavailability of a product if this occurs prior to the conclusion of the contract.
Missoni does not sell products that are second-hand, irregular or substandard compared with those offered on the market.
Missoni is not responsible for any errors resulting from failure or malfunction of the Customer’s connection to the Site.
3. HOW TO CONCLUDE THE CONTRACT WITH THE SELLER
In the Order Proposal form, displayed immediately before the order is sent to Missoni, Missoni will provide summarised information on the essential characteristics of each ordered product, the price (specifying whether all applicable taxes or duties are included or not) (the “Price”) and any shipping costs (including any additional costs incurred by the Customer for choosing a different and/or faster method of shipping and delivery than the standard one) (the “Shipping Costs”).
Shipping Costs are always indicated clearly and separately from the Price.
When Users purchased from the following countries Customs duties paid countries Missoni would bear Customs fees based on the applicable law and regulations and the Price displayed in the Order Proposal will already include Customs fees.
When Users purchased from the following countries Customs duties unpaid countries Missoni would not bear Customs fees based on the applicable law and regulations, the Price displayed in the Order Proposal won’t include Customs fees (as well as import taxes, brokerage fees and/or duties) and Users must then proceed independently to the Customs clearance of the products purchased on the Site and to the payment of any additional taxes required. For these reasons, we recommend all Users who purchase from these countries to verify the amount of these costs with their local Customs office before sending an Order Proposal to Missoni. Customs processing may delay the delivery of the ordered products. Should Users experience such delays we recommend contacting their local Customs office. Should Users refuse to pay the Customs fees and/or additional taxes upon the arrival of the ordered products, the products will be returned to Missoni that will be authorized to charge to the relevant User the Customs fees, taxes as well as return shipping costs. If Users order products from these countries, they accept to pay the Customs fees and possible additional taxes upon delivery, therefore Missoni will not issue refunds for the same in case of return of the purchased products.
The transmission of the Order Proposal constitutes a binding purchase proposal for the Customer, relating to the selected products, governed by these General Terms and Conditions of Sale, without prejudice to the right of withdrawal provided for in paragraph 8 below. Transmission of the Order Proposal entails the Customer’s obligation to pay the price of the ordered products. Once the Order Proposal has been received, Missoni will send a summary email. This email will not imply acceptance of the Order Proposal.
Order Proposals received from countries not included among those shown on the splash page cannot be accepted by the Seller.
If the products referred to in the Order Proposal are available, the Customer will receive an email confirming that the Order Proposal has been accepted and that the products are being shipped (the “Order Confirmation”). If the products referred to in the Order Proposal are no longer available or on sale, the Customer will receive an email cancelling the Order Proposal. In the latter case, the Seller shall make sure that the Customer is informed promptly and in any event within thirty (30) days of the day following the day on which the Order Proposal was sent to the Seller, of any unavailability (even partial) of the products ordered. In the event of partial unavailability of the products included in the Order Proposal, the Customer will be contacted by Customer Service and may, alternatively, decide to receive the Order Confirmation solely for the available products or, alternatively, cancel the Order Proposal.
The Order Confirmation will contain a summary of the essential characteristics of the Order, i.e. the list of all ordered products, the Price and the Shipping Costs, the payment method chosen by the Customer, the delivery information, as well as a link to the legal area of the Site, which in turn contains these General Terms and Conditions of Sale and the conditions and methods for exercising the right of withdrawal (including the cases in which the right of withdrawal is excluded), already displayed before proceeding to make the purchase.
The contract for the purchase of products on the Site (the “Contract”) shall be deemed concluded only when the Customer receives the Order Confirmation. Accordingly, no contract shall exist between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller by sending the Order Confirmation.
The Order Proposal and the Contract shall be filed in the Seller’s database for the period of time necessary to process orders and in any case according to the terms of the law. A Customer can access his/her Order Proposals by consulting the “My Order” section.
The Seller may decide not to accept the Order Proposal (i) if it is incomplete or incorrect; (ii) if one or more products are not available; or (iii) if there are reports, or suspicions, of fraudulent or illegal activities, including suspicions that purchases are not made by consumers for personal use but for trading purposes.
In these cases, Missoni shall inform the Customer by email that the contract cannot be concluded and that the Seller will not process up the Order Proposal.
4. GUARANTEES AND INDICATION OF PRODUCT PRICES
Through the Order Confirmation, the Seller will provide the Customer with a link to the legal area of the Site, which in turn will contain the following information: (i) a summary of the conditions and procedures for exercising the right of withdrawal and the procedures and timeframe for returning the purchased products; (ii) an indication of the circumstances in which the right to withdraw from the Contract is excluded; as well as a link to the Site’s customer service, containing the contact details of the after-sales service.
Missoni reminds every Customer that there is a legal guarantee regarding the conformity of the products. In the event of disputes arising from the General Terms and Conditions of Sale between Missoni and each Customer, there is the possibility of using the platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr, made available by the European Commission, if the Customer lives in the territory of the European Union, Norway, Iceland and Liechtenstein.
Product Prices may be subject to updates. The Customer must check the Price before placing the Order Proposal.
All products have an identification tag attached with a disposable seal. The Customer must take care not to remove the disposable seal and identification tag from the purchased products until the Customer is assured he/she does not wish to return the products to the Seller. If the Customer removes the disposable seal and identification tag, the Customer’s ability to exercise the right of withdrawal and to return the product to the Seller may be compromised.
If the Customer exercises his/her right of withdrawal, the Seller has the right not to accept the return or not to fully refund the sums paid for the purchase, in relation to those products that lack the relevant tag or that have been altered in their essential and qualitative characteristics or that have been damaged, as better clarified in paragraph 9.7.
All products sold by the Seller conform in all material respects with their description and will be of satisfactory quality. They are also covered by the legal warranty of twenty-four (24) months from date of delivery for conformity defects, in accordance with governing law. A conformity defect can be reported by contacting Customer Services. In the event of a conformity defect, the Customer has the right to request repair or replacement of the product. In the event that the aforementioned remedies are not possible or excessively onerous, the Customer shall be entitled to a reduction of the Price paid or to terminate the Contract, pursuant to Article 135-bis of the Italian Consumer Code.
The Customer may pay the Price of the products contained in the Order Proposal and the relevant Shipping Costs according to the methods indicated on the Site. Under no circumstances shall any costs be charged in excess of those actually incurred by the Seller in connection with the chosen means of payment.
In the event of payment by credit/debit card, the sum corresponding to the Price and any Shipping Costs of the products covered by the Order Proposal will be blocked temporarily when the Order Proposal is actually sent.
Once the Order Proposal has been processed and the Order Confirmation has been sent, a debit corresponding to the amount due by the Customer will be made and the temporary block of the amount will be lifted. The temporary block will also be lifted in the event of non-acceptance (even partial) of the Order Proposal.
In the event of payment by credit/debit card, financial information (e.g. credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to the banks and/or financial intermediaries providing the relevant remote electronic payment services, without any third parties being able to access the information in any way. Moreover, this information will never be used by the Seller except to complete the procedures relating to the purchase and to issue any relevant refunds in the event of any returns of products, following the exercise of the right of withdrawal and/or in the event of ascertained defects in the product after the deadline for exercising the right of withdrawal, or if it is necessary to prevent or report to the police any fraudulent acts committed on the Site.
In the event of a pre-order, as referred to in paragraph 6.5 below, the Customer may only pay the Price by credit/debit card, which shall have an expiry date of not less than 12 months from the date of sending the Pre-Order Proposal (as defined below).
When a Pre-Order Proposal is sent, no amount will be charged to the Customer. Missoni will only check the method of payment provided.
The Price will be charged to the Customer when Missoni sends the Order Confirmation.
6. SHIPPING, PRODUCT DELIVERY, BOOKING AND PRE-ORDER
Information on specific methods of shipping and delivering the products can be found in the Customer Service section. The Customer must pay attention to what is stated in this section since the information contained herein forms an integral and substantial part of the General Terms and Conditions of Sale and is therefore deemed to be fully known and accepted at the time an Order Proposal is sent.
Missoni will send the Customer a shipping confirmation email after the products have been shipped (the “Shipping Confirmation Email”).
The Customer may choose to receive the purchased products at an address of his/her choice in the country of purchase, among those indicated on the Site. It is not possible to receive products purchased on the Site in the municipalities of Livigno and Campione d’Italia or at post office boxes and/or poste restante: if one of these destinations is indicated in the Order Proposal, Missoni will inform the Customer by email that the contract cannot be concluded and the Seller in any case cannot proceed with delivery.
Where available, the Customer may choose to receive the purchased products at a Missoni store by selecting the “Collect from Store” option. Missoni will provide notification of the arrival of the products at the selected store by email. In this case, the Customer must collect the purchased products by going to the chosen Missoni store by and no later than fifteen (15) days from the sending of the aforesaid notice, showing the sales assistant a copy of the Shipping Confirmation Email and exhibiting his/her identity document. In the event that the order is picked up by another person, this person will need to show a photocopy of the Customer’s identity document, together with the proxy and his or her own identity document, in addition to the Shipping Confirmation Email.
If the products are not collected within the aforementioned time limit, the Contract shall, to all intents and purposes, be automatically terminated. Consequently, it will no longer be possible to collect the products, which will be returned to the Seller by the staff of the chosen store. As a result of the termination of the Contract, the Customer shall be refunded the amount paid, according to the time scales set out in paragraph 9.2 below.
With reference to the “Collect from Store” option, payment cannot be made at the Missoni store.
Where available, the Customer may choose to reserve certain products at a Missoni store by selecting the “Reserve in Store” option on the relevant product sheet. The Customer will be redirected to a page on the Site where he/she must enter some personal data (name, surname, telephone number, email) and can book an appointment at the Missoni store where the product is available.
The Seller, through its sales assistants, will hold the reserved products aside for up to 72 hours after the reservation. After this deadline, Missoni does not guarantee product availability.
These General Terms and Conditions of Sale do not apply to the “Reserve in Store” option.
The transmission of the Pre-order Proposal constitutes a binding purchase proposal for the Customer, relating to the selected products, governed by these General Terms and Conditions of Sale, without prejudice to the right of withdrawal provided for in paragraph 8 below.
Missoni will send the customer an automatic email confirming receipt of the Pre-order Proposal. Missoni shall - within a maximum period of 12 months of the date of receipt of the Pre-Order Proposal - send the Customer either an Order Confirmation, finalising the Contract, or a notice of rejection.
These General Terms and Conditions of Sale apply to pre-ordered products.
7. CUSTOMER CARE
Any information can be requested by contacting Customer Service or by accessing the Customer Service area.
9. TIMEFRAME AND PROCEDURES FOR REFUNDS
After the return of products by the Customer, the Seller shall make the necessary checks on the conformity of the products with respect to the conditions and terms set out in paragraph 9.7. If the checks are concluded positively, the Seller shall send an email giving the relevant confirmation of acceptance of the products thus returned. If the checks are unsuccessful, the Seller shall send notification, by email, that the returned products have incurred a reduction in value resulting from non-compliance with the terms and conditions set out in paragraph 9.7. At the same time, the Seller shall also inform the Customer of the amount that will be deducted from the sums paid for the purchase of the returned products, without prejudice to the possibility of re-obtaining the products in the state in which they were returned to the Seller, at the Customer’s expense, in accordance with the provisions in paragraph 9.7 below.
Whatever the payment method used by the Customer, the full or partial refund shall be initiated by the Seller in the shortest possible time and in any case – after verifying that the withdrawal took place in full compliance with the conditions set out in the General Terms and Conditions of Sale and in the Right of Withdrawal Policy – within fourteen (14) days of the date on which the Seller became aware of the exercise of the right of withdrawal, provided that it has already received the returned products or been provided with proof that the products have already been dispatched (whichever is the sooner) and may, until then, retain the refund.
The Seller shall make the refund using the same method of payment used by the Customer for the purchase of the returned products. If the addressee of the products indicated in the Order Proposal does not correspond to the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of the exercise of the right of withdrawal, shall be made by the Seller, in any case, to the person who made the payment.
The value date of the re-credit payment is the same as that of the debit; consequently, the Customer will not incur any loss in terms of bank interest.
The Seller indicates DHL as the carrier for the return of products. The Customer may return the products to the Seller via DHL, using the pre-printed adhesive label enclosed with the parcel containing the products, without having to pay the necessary fees personally. According to the procedures and terms provided for the exercise of the right of withdrawal, this method enables the Seller to pay directly, on behalf of the Customer, the costs of returning the purchased products, releasing him/her from any obligation to pay the carrier. This method also makes it possible to verify, at any time, the whereabouts of each parcel, releasing the Customer from any liability in the event of loss or damage to the products during transport.
In the event that the Customer decides to use a carrier other than the one indicated by the Seller for the return of the products, he/she shall conversely pay the necessary costs personally and shall remain liable for any loss of or damage to the products during transport, in accordance with the terms and conditions provided for the exercise of the right of withdrawal.
Our products must be returned unused and new, in perfect condition and complete with all protective materials, with any labels and tags attached and including all required accessories and documents. If the product shows signs of wear and tear or has been used or altered in any way compared to its original condition, we reserve the right not to accept the return or, alternatively, to reduce the amount of the refund or exchange.
For example, the Seller may reduce the refund in the following circumstances:
a. the product(s) have been used, worn, damaged or washed;
b. the identification tag with disposable seal is not attached to the product(s) or has not been returned. Please note that the identification tag is an integral part of each product; and/or
c. the packaging that is an integral part of the product (e.g. the dust bag) has not been returned.
The Customer has the option to reacquire the products returned to the Seller. These will be returned to the Customer at his/her own expense and in the same state they were returned to the Seller.
The General Terms and Conditions of Use contain important information on how we process the personal data of our users and on the security systems we have adopted.
Via Luigi Rossi 52
21040 – Sumirago (Province of Varese)
11. GOVERNING LAW AND DISPUTE RESOLUTION
The General Terms and Conditions of Sale are governed by Italian law and, in particular, by Legislative Decree No. 206 of 6 September 2005 (the Italian Consumer Code), as amended from time to time, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects regarding e-commerce.
In the event of any dispute between the Seller and any Customer arising from the General Terms and Conditions of Sale, Customers are encouraged to visit the Customer Service Area. If the dispute cannot be resolved between the Customer and Seller, Customers living in the territory of the European Union, Norway, Iceland and Liechtenstein can use a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.
12. CHANGES AND UPDATES
Missoni reserves the right to change the General Terms and Conditions of Sale at any time. Any amendments and/or new conditions shall come into force from the time of their publication on the Site, in the legal area containing the General Terms and Conditions of Sale, indicating the version and date of update. Customers are therefore invited to consult the dedicated section on a regular basis and in any case before sending an Order Proposal.