TERMS AND CONDITIONS OF SALE
A - Introduction
These terms and conditions of sale (hereinafter referred to simply as "General Terms") govern the sale of products sold by www.mysanity.it. All product purchase agreements concluded through the www.mysanity.it site according to the procedures indicated therein, between you and the seller, will be governed by these General Terms.
B - Acceptance of general terms of sale
1. You are understood to have entered into the agreement with Mysanity upon the acceptance - partial or otherwise - of the order by Mysanity, who reserves the right, in its sole discretion, to accept the order. It is understood that acceptance is implied unless you are otherwise advised in any way. By making an order according to the various procedures provided for, you state that you have taken due note of all instructions given during the purchase procedure and that you accept in their entirety the general terms and payment terms written out below.
2. If you are an end consumer (i.e. an individual who purchases the goods for purposes not related to your professional business), once the online purchase procedure is complete, you must print or save these terms of sale to file or store them in some other way, in accordance with the provisions of articles 3 and 4 of Italian Legislative Decree (D.lgs) n° 185/1999 on remote sales.
3. You shall not be entitled to claim compensation for damage or a refund of any kind, or any contractual or extracontractual liability for injury and/or damage to property, whether direct or indirect, as a result of non-acceptance of an order, either in full or in part.
C - Purchase procedure
1. You can purchase only those products that are featured in the Mysanity electronic catalogue at the time the order is submitted and that can be viewed at the www.mysanity.it address (URL), as described on the relevant information sheets.
2. Mysanity will confirm that it has received the order correctly with an email reply, which will be sent to the email address that you have given. The message features all the data that you have filled in. You are required to check that they are correct and promptly inform the company of any corrections according to the procedures described herein.
3. In the event the order is not accepted, Mysanity undertakes to promptly advise you thereof in the same way.
4. Please note that all prices given in the site are retail prices and include VAT. Mysanity reserves the right to edit prices at any time without prior notice.
C - Methods of payment
1. Credit Card
If you are purchasing goods by Credit Card, the bank in question will authorize your card to be charged only the amount relating to the actual purchase made as the online transaction is being concluded. Your purchases on our site are secure purchases because we use the most sophisticated hardware and software solutions to assure the security of online transactions.
1.2 At no time during the purchase procedure will information relating to your credit card be made known to Mysanity since said information is entered directly into the site of the bank handling the transaction (covered by extremely tight security systems). Since there is no transmission of data, there is no chance of said data being intercepted. Said data are not contained or kept in any computer files by Mysanity. Consequently, Mysanity cannot, under any circumstances, be held responsible for fraudulent use or charging of credit cards by third parties upon paying for products purchased on www.mysanity.it
2. Payment on delivery
If purchases are being paid for on delivery, payment must be made when the goods are received.
3. If the order is cancelled - whether you have cancelled it or whether the order has not been accepted by Mysanity - Mysanity will ask for the transaction and the relevant approved charge to be cancelled. The order can be cancelled up to the time of the goods' shipment. For some types of cards, cancellation times depend entirely on the bank system and the charge may reach its natural settlement date (24 days after the authorization date). Once cancellation of the transaction has been requested, Mysanity cannot, under any circumstances, be held responsible for damage, whether direct or indirect, that may result from the late cancellation of the approved charged by the bank system.
3.1 Mysanity reserves the right to ask you for additional information (such as a landline phone number). Mysanity reserves the right not to accept the order.
E - Delivery methods and charges
1. Mysanity can accept orders for delivery within Italy.
2. For each order submitted on www.mysanity.it, Mysanity issues an invoice for the material sent. The information provided by you when making the order will be used for invoicing.
3. You will be charged for shipment and delivery and the relevant charges will be indicated expressly at the time of making the order. You must pay for the goods using the method chosen at the time of making the order. No additional charge or commission is payable to Mysanity.
4. Products purchased are delivered within 7 working days. However, the delivery date may change as a result of force majeure, or traffic and road conditions in general, or due to action by the Authorities.
5. Mysanity is relieved of all liability in the event dispatch of the order or delivery of the goods ordered is delayed.
6. When the goods are delivered by the forwarding agent, you are required to check:
• that the number of packages delivered matches the number indicated on the invoice;
• that the packaging - including any fastening materials (adhesive tape or metal strips) - is intact, is not damaged or wet, and has not been tampered with in any way.
If there is any damage or if the number of packages or descriptions do not match, you must report this immediately to the forwarding agent who is delivering the goods by writing "accepted conditionally" on the relevant accompanying document, and you must confirm this within two days by fax or registered letter with advice of delivery, to be sent to:
Mysanity
Via Prestini 1
21050 Besano (VA) Italy
Even if the packaging is intact, you must check the goods no later than two days after their receipt. You must report any hidden defects in writing by fax or registered letter with advice of delivery. If claims are received any later than this, they will not be taken into consideration. You assume full responsibility for any declarations you may make. Once you have signed the forwarding agent's document, you will not be able to lodge any complaint regarding the exterior conditions of the goods delivered.
7. In the event goods are sent by express courier, the courier will not advise you prior to the first delivery. If you are away, the courier will leave a note and will try to deliver again within the next 24 hours. If you are still away, a new note will be left and you will be contacted by the courier for the third delivery attempt. In the event this third attempt is also unsuccessful, Mysanity will get in touch with you to make delivery arrangements. If the fourth attempt is also unsuccessful, the goods will be returned to Mysanity, the order will consequently be cancelled and you will be entitled to nothing.
F - Withdrawal right WITHDRAWAL NOTICE
Please be advised that, in accordance with Italian Legislative Decree (D.Lgs.) 185/99 relating to the protection of consumers regarding remote transactions, you are entitled to withdraw from the purchase of goods/services received within 10 working days of the delivery of the goods or of entering into an agreement for the supply of services.
You must advise the company of your withdrawal by sending a written notice by registered letter with advice of delivery explaining your wish to withdraw from the agreement entered into. This notice must be sent to:
Mysanity - Via Prestini 1 , 21050 Besano (VA) Italy.
The notice can also be sent by the same deadline by fax to +39 0332.922033 provided this notice is also confirmed by means of registered letter with advice of delivery within the next 48 hours.
If you are exercising your withdrawal right, you must also return the goods at your own expense. Goods must be INTACT and NOT USED and in their original packaging, and must be sent to this address:
Mysanity - Via Prestini 1 , 21050 Besano (VA) Italy.
Returns must be made by registered mail on a carriage paid basis no later than 10 working days after the item is received (the postmark date will be used to determine the date of return).
Packages sent on a cash on delivery or carriage forward basis will not be accepted under any circumstances.
At this point, if you have exercised your withdrawal right according to these instructions, Mysanity will ensure that you are refunded the amount you have spent to purchase the goods, minus the cost of shipment, no later than 30 days after receiving your notice.