GENERAL CONDITIONS OF DISTANCE SELLING AND USE OF THE WEBSITE
If you browse the website or make purchases on www.pupamilano.com and/or other web/mobile properties branded PUPA Milano, you accept these contractual conditions of sale. Therefore we recommend reading them carefully.
1. General elements of the contract
1.1 These General Conditions of sale (“General Conditions” or “GC”) regulate the methods and conditions of sale of products (hereinafter “Products”) by MICYS COMPANY S.p.A. (which hereinafter may be referred to as simply “PUPA”), with registered office in Italy, Monza, Via Appiani 25, and main offices in Casatenovo (LC), Via de Gasperi 22, VAT code IT02089840967, Tax Code 0208984096, registered on the Monza and Brianza Business Register with the number 02089840967, and likewise the conditions of using the e-commerce portal www.pupamilano.com (the “Website”). The Products purchased on the Website are despatched directly by Arvato Service, Via Nenni 53, 24050 Calcinate (BG) (“Seller”). These Conditions of Sale are applicable uniquely to the offer, transmission and acceptance of orders for the purchase of Products on the portal, between Website users and Micys.
1.2 The sale of the Products is intended exclusively for consumers, as defined in the Italian Consumer Code (Italian Legislative Decree n° 206/2005, “Consumer Code”), considering consumers as “natural persons who are acting for purposes which are outside their trade, business, craft or profession” (hereinafter referred to as “Customers”). Micys reserves the right not to fulfil orders arriving from persons who are not “consumers”.
1.4 Micys may amend these General Conditions without any prior notice. These amendments will come into effect from the date of their publication on the Website. Purchase orders made before the publication of the amendments will be processed in accordance with the General Conditions that applied at the time of the conclusion of the contract of sale.
1.5 Article 8 of these General Conditions (regarding the right of withdrawal) is applicable only in the case that the Customer can be identified as a “consumer” as described in article 3, paragraph 1, letter a) of the Italian Consumer Code (“natural persons who are acting for purposes which are outside their trade, business, craft or profession”).
1.6 Micys and the Customer explicitly agree to validate the electronic signature applicable for concluding the contract of sale, as regulated by the relevant clauses in these General Conditions, and likewise the selection of flag-boxes and pressing (clicking) the button “Confirm Order” of this Website, at the conclusion of the Customer’s purchase. It is understood that these General Conditions, which are also published in a section that is visible and accessible from the Website’s home page, also comprise a contract for the use of the Website, and that simply using the Website implies their acceptance. The order form will be stored on Micys’ systems for the time necessary for its fulfilment, and in any case, in compliance with legislation. Users will automatically receive a copy of the order form at the e-mail address supplied during the purchasing process, or, in the case that they do not receive it, they can request it from the PUPA Customer Service.
2. Limitation of liability and license for Website use
2.1 The Website is supplied by Micys as-is, and whenever it may be available. Micys provides no guarantees, neither explicit nor implicit, on the functioning of this Website and/or on the content, materials, information or products included in the Website. In addition, access to the Website may be occasionally suspended or temporarily limited in order to permit the execution of maintenance, repair or updating procedures as may be necessary for new services and Products. Micys will endeavour to limit the frequency and duration of said suspensions and/or limitations.
2.2 Notwithstanding its regular and meticulous supervision of the Website, Micys can offer no guarantee that this Website, its server or the e-mails that it sends, be free from viruses or other components that could potentially be dangerous for the users’ and/or Customers’ PCs. By visiting this Website, Customers accept that using the Website is at their own risk. Even though the content of the web pages accessible through links on the Website or that can otherwise be accessed from the Website is periodically verified, Micys cannot accept any liability for the content of said web pages.
2.3 Micys cannot be held liable for any damages – of whatever type – deriving from the use of this Website.
2.4 Micys permits limited access to, and the personal use of, this Website, and does not permit its download or modification, whether wholly or in part, without the Company’s express written permission. The licence does not include any form of usage of the contents of this website for commercial purposes, and more specifically, the use of our product catalogues, descriptions and other materials is not permitted. The use of the information on this Website for the benefit of other traders is not permitted; the use of data mining systems, robots or software that enable the download and/or the extraction of content from our pages is not permitted. The inclusion of our pages within frames so that other commercial brands can be connected to our brand is not permitted. The content on this Website is published uniquely in relation to the purchase of the Products described on the Website.
3. Product prices, availability and specifications
3.1 Unless otherwise specified, Product prices should be considered as inclusive of tax. The latest Product prices published on the Website cancel and replace previous prices, and are applicable only in the case that the Products are effectively available.
3.2 Any possible special offers and conditions that may be proposed are valid up until the date of validity as indicated on the Website, or up until stocks have run out, and in any case they are subject to the effective availability of the relative Products.
4. Intellectual and industrial property
4.1 The Website, and likewise all the trademarks and distinctive emblems used by Micys in relation to the sale of Products, are protected by the applicable intellectual and industrial property rights. All forms of reproduction, communication, distribution, publication, modification or transformation, in whatever form and for whatever purpose they may be performed, of the Website’s contents, the brands and logos used by Micys (such as, by way of example, the Website’s works, images, photographs, illustrations, videos, graphic design, colours, functions and design), are forbidden.
4.2 Micys accepts no responsibility regarding the trademarks and other distinctive emblems that appear on the Products that it sells on the Website, and Customers acquire no rights with respect to these elements on the conclusion of a contract of sale.
5. Order confirmation. Product delivery, delays and risks of Product loss
5.1 Micys sells and delivers the Products available on the Website exclusively to the Countries shown on the Deliveries page. The Product that has been purchased, accompanied by the relative fiscal documentation, will be delivered by Courier to the address specified by the Customer at the time of sending the online purchase order. Delivery will be fulfilled within the period shown in the Deliveries section, and at the latest within 30 days from the conclusion of the contract, in compliance with the provisions of article 61 of the Italian Consumer Code. The delivery costs, net of any possible promotional activities applied to this service, are shown in the Deliveries section of the Website and are always clearly shown in the order summary displayed to the Customer before confirmation.
5.2 Micys reserves the right to cancel orders that it does not consider reliable and legitimate. Post Office Boxes are not considered as constituting valid delivery addresses.
5.3 Micys cannot be held responsible for any delay or inability to meet the obligations described in these General Conditions in the case that the delay or inability be caused by unexpected circumstances or force majeure that cannot be attributed to said Company.
5.4 The parties agree that the Customer can place an order and complete the purchase as follows:
- consultation and assessment of the Product’s characteristics as described on the Website and the relative Product specifications;
- selection of the Product(s) and the quantities to be purchased;
- insertion of all the Products to be purchased into the shopping cart (“Add to basket” button);
- compilation of the relative order form;
- in the case of payment by Paypal, payment of the amount (in addition to the additional charges specified on the order form) is implemented by following the customary instructions and operations;
- when the order has been sent, the Customer receives a receipt of the purchase order by e-mail, containing the general conditions of sale in pdf format and including information on the right of withdrawal and all the information already shown in the summary of the specific contractual and commercial conditions displayed before completing the purchase;
- payment of the amount (in addition to the other charges specified on the order form summary), following the instructions received.
5.5 Without prejudice to the period of thirty days from receipt of the order, the times specified for delivery of the items must be considered as purely indicative. The Courier is not expected to inform the Customer by telephone. In the case of the Customer’s absence, the Courier will make a second attempt at delivery, or will contact the Customer by telephone in order to arrange delivery within the next 24 hours. In the case that this successive attempt at delivery is not successful, the Courier will try to contact the Customer in order to identify and if possible to resolve the reasons for the failed delivery. If no contact can be made, the order will be considered as cancelled due to the impossibility of delivery. Micys will inform the Customer of this cancellation by e-mail. The amount that the Customer may have already paid will be refunded.
5.6 In the case that it is not possible to deliver the items ordered as a result of said items running out of stock, whether permanently or temporarily, Micys will promptly inform the Customer by e-mail. The amount that the Customer may have already paid will be refunded.
5.7 The contract of sale is concluded at the moment when Micys receives payment of the price of the Products, in other words when the financial intermediary informs Micys that it has received notification of the Customer’s successful fulfilment of payment to said intermediary.
5.8 Micys launches the fulfilment of the contract of sale when it has received payment of the price of the Products, informing the Customer at the time of Product despatch.
5.9 Customers are aware that the risk of loss or damage of the Products for reasons that cannot be attributed to Micys is their own responsibility from the moment that the Products are delivered to them directly, or to a third party that they have designated. The risk of loss or damage to Products is the Customer’s liability from the moment that the Products are entrusted to the Courier, if said Courier has been chosen by the Customer.
6. Methods of payment
6.1 Payments of orders using the PayPal platform are accepted.
6.2 The payment of the amount due will be fulfilled by the Customer in accordance with the instructions received from the above-mentioned financial intermediary and contained in the order receipt. The Customer cannot be granted any deferment of payment. In the case that the payment is not successful, Micys will not despatch the Products.
6.3 Micys has the right to suspend delivery of Products in any case of violation, whether wholly or in part, by the Customer with respect to the agreed terms of payment, without being held liable for damages in whatever form.
6.4 Micys will issue the fiscal documentation regarding the Products ordered at the moment that the Products are despatched to the Customer, and it will be included within the despatched package.
7. Guarantees and returns
7.1 For a Customer who is a consumer, the Products are covered by the legal guarantee regarding defects in conformity as described by articles 128-135 of the Italian Consumer Code. In compliance with article 129 of said Code, the following information is supplied:
“…Consumer goods are presumed to be in conformity with the contract if, where appropriate, the following circumstances exist:
a) they are fit for the purposes for which goods of the same type are normally used;
b) they comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model;
c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling;
d) they are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted, also implicitly;
3. There shall be deemed not to be a lack of conformity if, at the time the contract was concluded, the consumer was aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials or instructions supplied by the consumer.
4. The seller shall not be bound by the public statements pursuant to Paragraph 2, subparagraph c) when, even in the alternative, he can prove that:
a) he was not, and could not reasonably have been, aware of the statement in question;
b) by the time of conclusion of the contract the statement had been suitably corrected in such a way that it could have been known to the consumer;
c) the decision to buy the consumer goods could not have been influenced by the statement.
5. Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions”.
7.2 Additional conventional guarantees by the manufacturer are provided according to the methods illustrated in the documentation included in the Product package or described on the Website.
7.3 The legal guarantee in favour of the consumer Customers covers any lack of conformity present at the moment of delivery of the Product, and that have appeared within two years from the delivery of the Product. The lack of conformity has to be notified within two months from the date on which the Customer discovered the non-conformity, otherwise the guarantee shall no longer be valid. Actions intended to enforce the lack of conformity shall in any event lapse after twenty-six months from delivery of the Product.
In the case of a lack of conformity, the Customer shall be entitled to have the goods brought into
conformity free of charge by repair or replacement, or to have an appropriate reduction made in the price or the contract rescinded, in accordance with article 130 of the Italian Consumer Code. Within two months from discovering the non-conformity, and in any case within the deadline of twenty-six months from receipt of the Products, the Customer has to send a specific communication using the contact form available at the web address https://www.pupamilano.com/customercare, selecting the option “Returns for online orders” and specifying the intention to exercise the right to legal guarantee, indicating the product, the non-conformity that has been found, and the order number reference. After having received notification, Micys will contact the Customer to provide information on how to return the Product, with all the necessary instructions. Micys, or one of its Business Partners, will arrange the collection of the Product by means of one of its Couriers without any additional cost to the Customer. The Product will have to be returned by the Customer, if possible in its original packaging, complete in all its parts, and including the sales receipt issued by Micys. Once it has checked the Product returned by the Customer, Micys will proceed with its replacement or repair, and will despatch the Product, except in the case of the provisions of article 130 of the Italian Consumer Code. If replacement or repair should be impossible or in any case not feasible, Micys will proceed to reimburse the Customer the price of the article purchased. If, following the action taken by Micys, it is found that the non-conformity notified does not constitute a lack of conformity as per articles 128 et seq. of the Italian Consumer Code, any possible costs of assessment and repair, in addition to transport costs if sustained by Micys, will be charged to the Customer.
8. Rights of withdrawal
8.1 In compliance with the Italian Consumer Code, Customers, in their status of “consumers”, have the right to withdraw from the purchase without being liable to any penalty and without specifying the reason. In order to legitimately exercise the right to withdrawal, the Consumer has to comply with the following conditions and methods: - send a notification using the specific online form available at the web address https://www.pupa.it/customer-care selecting the option “I want to make a return”, to be implemented within the terms of 14 working days from receipt of the Products purchased, with the possibility of using the “Model withdrawal form” set out in Annex I B of the Italian Consumer Code, shown below:
“B. Model withdrawal form
- pursuant to art.49(1)(h) -
(fill out and return this form only if you wish to withdraw from the contract)
— Recipient [the trader’s name, postal address and, where available, his telephone and fax numbers and e-mail address are to be inserted by the trader]:
— I/we (*) hereby notify you of my/our (*) withdrawal from the contract of sale of the following goods / services (*):
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date (*) Delete as appropriate”;
- the return of the Products that are the object of withdrawal must be performed, at the Customer’s responsibility and expense, using a Courier selected by the Customer, sending the Products directly to Micys’ registered office without undue delay and in any event not later than 14 days from the day in which the Customer informed the Seller of his/her decision to withdraw from the contract of sale. In no case will Micys accept the return of cash-on-delivery goods;
- withdrawal can also be applied uniquely to individual Products that are part of a single contract of sale, it being understood that the Customer cannot exercise withdrawal for just a part of a single Product that has been purchased;
- all the Products for which the Customer exercises right to withdrawal must be intact and in their original packaging, complete in all parts including packaging materials, any seals that may be applied, and any possible accompanying documentation, such as order reference, delivery note and so forth.
8.2 Once the integrity of the returned Product has been ascertained, Micys will reimburse the amount paid by the Customer for just the Products that are the object of withdrawal, within 14 days from the day on which it was notified of the Customer’s decision to withdraw from the contract. Reimbursement will be performed by the same means of payment as used by the Customer for the initial transaction, except in the case that the user has expressly indicated a different method.
8.3 Right of withdrawal cannot be exercised in the case of goods that are opened after delivery and that are not suitable for return for reasons linked to hygiene and health protection, and neither can it be exercised for the supply of goods manufactured to order, or that have been clearly personalised, or that, owing to their nature, cannot be returned or risk rapid deterioration or alteration.
8.4 The right of withdrawal no longer applies in the case that the item returned is not intact, as in the case, for example, of:
i) lack of the exterior packaging and/or the original internal packaging;
ii) absence of elements that form part of the Product (accessories, cables, manuals, components, etc.);
iii) damage to the Product for reasons not connected to its transportation;
iv) an abnormal state of preservation.
8.5 In the case that the right of withdrawal no longer applies, and even in the case that the Customer violates wholly or in part the provisions concerning withdrawal from these General Conditions, according to these General Conditions the sale contract retains its validity, and Micys will send back to the Customer the Products that have been unjustifiably returned, charging said Customer the relative shipping costs.
9. Order cancellation or amendment
9.1 The purchase order cannot be amended. It can be wholly cancelled if, when the request for amendment or cancellation is made, the despatch of the Product is still being prepared and, in any case, if the relative amount has not yet been received: in this case, no charge will be made to the Customer. Micys can be contacted by means of the form available at the web address https://www.pupa.it/customer-care.
9.2 If, at the moment at which the request for amendment or cancellation of the purchase order is made, the Product has already been entrusted to the Courier, or if in any case the relative amount has already been received by the company, the Customer will have to exercise the right of withdrawal in compliance with the preceding article 8 of these General Conditions.
10. Third party liability
10.1 Micys is not liable for the conduct of third parties which, in their status of independent operators, are involved in the management or fulfilment of payment operations and in every other operation linked to the implementation of contracts concluded by means of the Website.
11.1. Any Customer complaint should be sent using the online form available at the web address https://www.pupa.it/customer-care which makes it possible to directly contact the PUPA Customer Service dedicated to online orders.
12. Applicable Law
12.1 The sale of Products and the use of this Website shall be governed by Italian law, with the express exclusion of the application of the 1980 Vienna Convention on the international sale of goods.
13.1 The provisions contained in these GCs, in addition to any dispute or controversy relating to said GCs, will be conducted and interpreted in conformity with Italian legislation. For any dispute arising between the Customer, in accordance with the Italian Consumer Code, and Micys, the District Court in the place of domicile or residence of the Customer, if in Italy, shall have binding jurisdiction. The Court of Monza will have exclusive jurisdiction in all other cases.
13.2 In accordance with article 14 of Regulation 524/2013, in case of controversy the user can present a complaint using the European Union ODR platform, accessible at this link: http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for users who wish to resolve disputes deriving from online contracts of sale or services out of court. For further information, contact the PUPA Customer Service.
14. Personal data processing
14.1 MICYS uses the personal data supplied by the Customer to fulfil the services necessary for the Website’s functioning and use, in compliance with applicable legislation regarding personal data protection (EU Regulation 2016/679 on personal data protection). For any information on the methods with which Micys collects and processes data, please consult the Website’s address: https://www.pupa.it/privacy-policy.html.
15. Final provisions
15.1 The provisions detailed in the General Conditions are applicable within the limitations of Italian regulations on consumer protection.
15.2 Micys’ tolerance or failure to dispute any possible violations by the Customer with respect to the provisions of the General Conditions cannot be interpreted as tacit acceptance of said violations, neither as the intention to constitute a waiver to the agreements that bind the parties.
15.3 Should one or more of the clauses of these General Conditions be totally or partially inapplicable and/or unenforceable, this does not imply the invalidity of the other clauses, which will have to be considered as remaining fully valid and effective.
15.4 For everything that is not expressly specified in the General Conditions, the provisions of legislation in force at the moment of conclusion of each contract of sale shall apply, to the extent applicable.