Terms of service
Terms and conditions of sale
The goods covered by these General Conditions are put up for sale from Mishmish Srls based in Via A. Manzoni 183, Naples, 80123; registered with the Chamber of Commerce at the Company Registry, CF. 08743631213 below indicated as "mishmissh srls", certified e-mail address (PEC) mishmissh@pec.it
1. Definitions
1.1. With the expression "E-commerce contract" means the contract concerning goods and services stipulated between Mishmissh Srls (ie manager of the e-commerce site) and a customer or consumer within a sales system or of remote service services (therefore, without the simultaneous presence of the part involved), organized by Mishmish Srls, which for this contract uses exclusively one or more telematic communication techniques;
1.2. With the expression "buyer" means the customer (taxable VAT) or consumer is a natural person (as defined by art. 3 of Legislative Decree no. 206/2005, that is the natural person who makes the purchase for purposes not referring to the commercial or professional activity eventually carried out).
1.3. With the expression "mishmissh srls (ie manager of the e-commerce site)" means the subject indicated in epigraph that gives the goods or provides services.
2. Object of the contract
2.1. With this e-commerce contract, Mishmish Srls sells and the buyer acquires remotely equipped with telematic tools, materials that are the services that are reported and offered on the website www.mammishswimwear.com
2.2. The aforementioned assets referred to in the point that precedes are available on the web page www.mammishswimwear.com which shows the catalog of goods offered, contained within the aforementioned site. The products are depicted and rendered visible on the site in accurate mode and corresponding to the characteristics actually owned. However, Mishmissh Srls cannot guarantee the exact correspondence to reality in relation to images and colors as they appear on the customer's monitor. In case of difference between the image and the written product sheet, the description of the product sheet is always faith.
3. The various technical phases to be followed for the conclusion of the contract
3.1. The contract between Mishmish Srls and the buyer concludes exclusively the Internet network. The buyer Once accessed www.mammishswimwear.com, you will need to follow the procedures reported within the site in order to formalize your acceptance for the purchase of the services referred to in the previous article 2.
3.2. When Mishmish Srls receives from the Buyer the acceptance of the order provides for the sending of a confirmation e-mail or to the view of a confirmation web page and summary of the order, printable.
3.3. Just received the payment of the Good La Mishmish Srls will issue its tax document at pursuant to DPR n. 633/1972 Where is provided by the standard. In the event that the buyer wants to receive invoice will have to communicate to Mishmissh Srls during the order compilation. When compiling the order, the purchaser will have to provide the data relating to their tax code or VAT number.
3.4. This Agreement will not be considered perfected, therefore, without effectiveness if it lacks how much reported at the previous point.
4. Methods of payment and refund
4.1. Every payment for the goods purchased by the buyer can only take place through the payment methods indicated on the Mishmissh Srls website. The use of the indicated payment methods do not involve any additional burden in charge of the buyer.
4.2. Any refund to the buyer will be credited by one of the methods proposed by Mishmissh Srls and chosen by the buyer, in a timely manner and, in the case of exercise of the right of withdrawal, as regulated by clause 12, point 7 and following of this Agreement , at most within 14 days from the day in which Mishmissh Srls came to be aware of the withdrawal. Mishmish Srls can hold back the reimbursement until receipt of the article or until the buyer has provided evidence of returning it, depending on which situation occurs first.
4.3. All payments communications take place on a special line of Mishmish Srls protected by encryption system. Mishmish Srls guarantees the memorization of this information with a further level of security encryption and in compliance with the provisions of the current disciplines regarding the protection of personal data.
5. Times and delivery methods
5.1. Mishmish Srls will deliver products (mobile goods) selected and ordered, without unjustified delay and, at the latest, within 30 days from the date of conclusion of the contract itself, with the methods chosen by the buyer or indicated on the website at the moment of the offer of good.
5.2. In the event that Mishmish srls is not growing to carry out the term within the time limit referred to in point 5.1. will be given timely notice by e-mail to the buyer
5.3. The methods, times and shipping costs are punctually indicated on the Mishmissh Srl website at www.mammishswimwear.com
6. Prices
6.1. All the sale prices of the products exhibited and indicated on the website www.mammishswimwear.com are expressed in euros and constitute offer to the public pursuant to art. 1336 C.C.
6.2. The sales prices, as per the previous point, are inclusive of VAT and any other tax. Shipping costs and any accessory charges (for example: customs clearance), if present, will be borne by the buyer.
6.3. The prices indicated at each of the goods offered to the public are valid until the date indicated in the catalog.
7. Product availability
7.1. Mishmish Srls ensures the processing and evasion of orders without delay using the telematic system. For this purpose it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
7.2. If an order should overcome the existing quantity in the warehouse, Mishmissh Srls, by e-mail will make the buyer known if the good is no longer booked and that is what the waiting times will be to obtain the chosen good, asking if it intends to confirm L Order or less.
7.3. The IMHISH SRLS computer system confirms as soon as possible the order registration has been entered by forwarding a confirmation by e-mail, meanings of point 3.3.
8. Limitations of responsibility
8.1. Mishmish srls assumes no responsibility for disruptions attributable to causes of force majeure, in case it fails to execute the order within the time required by the contract.
8.2. Mishmish Srls will not be responsible for the Buyer, except for the case of dol or severe fault, due to disruptions or malfunctions associated with the use of the Internet outside the own control or sub-suppliers.
8.3. Mishmish Srls will not be responsible for damages, losses and costs suffered by the Buyer following the failure to implement the contract for causes not attributable to him, having the right buyer only to the integrated return of the price paid and any accessory charges Supported.
8.4. Mishmish Srls does not assume any responsibility for the possible fraudulent and unlawful use that can be done by third parties, credit cards, checks and other means of payment, at the time of payment of purchased products, if it demonstrates to have adopted All possible cautions based on the best science and experience of the moment and based on ordinary diligence.
8.5. Under no circumstances can the buyer be held responsible for delays or mistakes in payment if he demonstrates that he has made the payment within the times and ways indicated by Mishmissh Srls.
9. Responsibility, proof of damage and comparable damage: the obligations of Mishmish srls
9.1. The Mishmish Srl is responsible, in accordance with Articles 114 and ss. Of the Consumer Code, the damage caused by defects of the well sold if it omits to communicate to the damaged, within the three-month deadline from the request, identity and domicile of the producer or person who provided him with good.
9.2. The request for damage, by the damaged, must be made in writing and must indicate the product that copied the damage, the logo and the date of purchase. Furthermore, it must contain the offer in view of the product, if still existing.
9.3. Mishmish Srls cannot be held responsible for the consequences derived from a defective product if the defect is due to the compliance of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when The manufacturer has put the product into circulation, it has not yet allowed to consider the product as defective.
9.4. No compensation will be due if the damaged was aware of the defect of the product and the resulting danger and nevertheless it voluntarily exposed.
9.5. In any case, the damaged will have to try the defect, damage, and the causal connection between defect and damage.
9.6. The damaged can request compensation for damages caused by death or personal injury or by destruction or deterioration of one thing different from the defective product, provided they are normally intended for use or private consumption and so mainly used by damaged.
9.71 The damage to the case referred to in art. 123 of the Consumer Code will, however, be compensated only to the extent that exceeds the sum of Euro three hundred and eighty-seven (€ 387).
10. Guarantees and assistance methods
10.1. Mishmish Srls responds for any lack of conformity that manifests within the two-year term from the delivery of the property.
10.2. For the purposes of this Agreement, consumer goods are assumed to comply with the contract if, if relevant, the following circumstances coexist: a) are suitable for the use to which it usually serve goods of the same type; b) comply with the description made by the seller and possess the qualities of the good that the seller presented to the consumer as a sample or model; c) present the regular quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, from producer or agent or representative, in particular in advertising or labeling; d) are also suitable for particular use desired by the consumer and who has been to this brought to the attention of the seller at the time of conclusion of the contract and that the seller has also accepted for conclusive facts.
10.3. The Buyer laps from every right if he does not report to the seller the lack of conformity within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has recognized the existence of the defect or has occulted it.
10.4. In any case, except for the contrary, it is assumed that the defects of conformity that manifest themselves within six months of the delivery of the asset existed already at that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the defect of Compliance.
10.5. In the event of a lack of conformity, the buyer may request, alternatively and without species, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or resolution of this contract, unless the Request is not objectively impossible to satisfy or results for the excessively expensive Mishmissh srl to the SENS of the art. 130, paragraph 4, of the Consumer Code.
10.6. The request must be paid in written form, by registered letter with return receipt or by certified e-mail, to Mishmissh Srls, which will indicate its willingness to carry out the request, or the reasons that prevent him from doing so, within seven Business days from receipt. In the same communication, where the Mishmissh Srls ABBA accepted the request of the purchaser, must indicate the method of shipping or returning the good as well as the deadline for returning or replacing the defective asset.
10.7. If the repair and replacement are impossible or excessively onerous, or Mishmissh Srls has not repaired or replacing the good within the deadline referred to in the previous point or, finally, the previously performed replacement or repair have made considerable inconveniences to the 'Buyer, this may request, at his choice, a reasonable reduction in the price or termination of the contract. In this case, the buyer will have to send his request to Mishmissh Srls, who will indicate his willingness to give course at the same, or the reasons that prevent him from doing so, within seven working days from receipt.
10.8. In the same communication, where the Mishmissh Srls ABBA accepted the request of the buyer, it must indicate the reduction of the proposal price or the methods of returning the defective asset. In such cases, the buyer's burden indicates the rash modes previously paid to Mishmissh Srls.
11. Buyer's obligations
11.1. The buyer undertakes to pay the price of the property purchased in the times and ways indicated by the contract.
11.2. The buyer undertakes, once the online purchase procedure is completed, to print and conservation of this contract if it is necessary.
11.3. The information contained in this contract was, moreover, already viewed and accepted by the buyer, which acknowledges it, as this passage will be made mandatory before confirmation of purchase.
12. Right of withdrawal
12.1. The buyer in any case has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 calendar days, starting from the day of receipt of the property purchased.
12.2. The return of the property by the Buyer must take place, without undue delay and, in any case, within 14 days from the date of communication to the Mishmissh Srls of the withdrawal. If the returned items present damage or signs of wear deriving from an unnecessary manipulation to establish nature, the characteristics and functioning of the same, Mishmissh srls can hold back from the reimbursement an amount corresponding to their decrease in value.
12.5. The Buyer cannot exercise this right of withdrawal for the purchase contracts of audio-visual products or sealed computer software, which have been from the same open, as well as customized goods and clearly customized or that, for their nature, cannot be returned or risk deteriorating or altering rapidly, supplying newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations of financial market rates that the professional is unable to control and in any other case provided for by Art. 59 of the Consumer Code.
12.6. The only expenses due by the consumer for the exercise of the right of withdrawal pursuant to this article are the direct expenses of return of the Good to Mishmissh Srls.
12.7. Mishmish Srls will make the reduction of the price of the item for which the withdrawal within 14 days of receipt of the withdrawal by the buyer was exercised within 14 days. Mishmish Srls can hold back the reimbursement until receipt of the article or until the buyer has provided evidence of returning it, depending on which situation occurs first.
12.8. With the reception of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are dissolved by the mutual obligations, without prejudice to the previous point of this article.
13. Resolution causes
13.1. The obligations referred to in point 11, assumed by the buyer, as well as the guarantee of the good end of the payment that the buyer carries out with the means described in art. 4, and although the exact fulfillment of the obligations assumed by Mishmish Srls in point 5, are essential, so that for expressed pact, the non-fulfillment of only one of these bonds, where not determined by a fortuitous case or force majeure, will result in the resolution of law of the contract pursuant to art. 1456 C.C., without the need for pro-
Judicial name.
14. Treatment of personal data of the buyer
14.1. Mishmish Srls protects the personal data of its clients and guarantees that data processing is in accordance with how much provided for by the privacy statements referred to in Legislative Decree. 30 June 2003, n. 196.
14.2. The personal personal and fiscal data acquired directly and / or through third parties from Mishmissh Srls, the data controller, are collected and treated in paper, computer science, telematics, in relation to the methods of treatment, with the purpose of registering the order and activate In use of the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of trade relations to the extent necessary to better carry out the requested service (art. 24, paragraph 1, Letters b), Legislative Decree 196/2003).
14.3. Mishmish Srls is obliged to deal with confidentiality the data and information transmitted by the Buyer and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data can only be exhibited at the request of the Judicial Authority or other authorities for authorized law.
14.4. Personal data will be communicated, after signing a confidentiality commitment of the data, only to delegated persons to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively within the scope of this purpose.
14.5. The buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, and that is the right to obtain: a) updating, rectification or, when there is interest to you, integration of data; b) the cancellation, transformation into anonymous form or the blocking of data processed in law, including those of which conservation is not necessary in relation to the purposes for which the data was collected or subsequently processed; c) the attestation that the transactions referred to in letters a) and b) have been carried out, also for quantifying their contents, of those to whom the data has been communicated or disseminated, except for the case in which this fulfillment yes It reveals impossible or involves a use of means manifestly disproportionate compared to protected right. The interested party also has the right to oppose, in whole or in part, for legitimate reasons to the processing of personal data concerning him, even if relevant other purpose from the collection; To the processing of personal data concerning him for the purpose of invitation of advertising material or direct sales or for the fulfillment of market research or commercial communication.
14.6. The communication of one's personal data by the Buyer is a necessary condition for the correct and timely execution of this Agreement. In default, you can not be given to the buyer's question itself.
14.7. In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently treated. However, their removal will happen safely.
14.8. The owner of the collection and processing of personal data, and Mishmish Srls, to which the Buyer will be able to direct every request at the company headquarters.
14.9. All that should be reached at the mail address (also electronics) of Mishmish Srls (requests, suggestions, ideas, information, CC materials) will not be considered confidential information or data, will not have to violate otherwise rights and will have to contain valid information, No losses of otherwise and truthful rights, in any case, no responsibility can be attributed to the Mishmissh Srl.
15. Contract Storage Mode
15.1. Mishmish Srls informs the buyer that this Agreement can be printed or filed on devices proper buyer devices.
15.2. Pursuant to art. 12 of Legislative Decree 70/2003 Mishmissh Srls informs the purchaser that every order sent is stored in a digital / paper form on the server / at the headquarters of Mishmissh Srls itself, according to confidentiality and security criteria.
16. Communications and complaints
16.1. Direct written communications to Mishmish Srls and any complaints will be considered valid only if sent to the following: Via A. Manzoni 183, Naples, 80123, IT; or sent by e-mail to the following address mishmissh@pec.it
The Buyer sends his residence or domicile in the registration form, the telephone number or e-mail address to which the Mishmissh Srl communications will be invited.
17. Composition of disputes
17.1. All disputes arising from this Agreement will be devolved to a conciliation attempt at the Chamber of Commerce Mediation Body and resolved according to the reconciliation regulation by the Tessa adopted.
17.2. If the parties intend to appeal to the ordinary judicial authority, the competent court is the place of residence or elective domicile of the consumer.
18. Available languages
18.1. The languages available on the website www.mammishswimwear.com are Italian and English.
Shopify
Il nostro negozio è ospitato da Shopify Inc. Essi ci forniscono con la piattaforma di e-commerce online che ci permette di vendere i nostri prodotti e servizi per voi.
Attraverso la memorizzazione dei dati di Shopify, database e l'applicazione di Shopify generale sono memorizzati i dati. Memorizzano i vostri dati su un server sicuro protetto da un firewall.
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TERMS AND CONDITIONS
This website is operated by mishmish srls. Throughout the site, the terms “we”, “us” and “our” refer to mishmish srls, mishmish srls offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service and to use this site, you represent that you are at least the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.
AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SHOPIFY
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored in Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
RETURNS
Our policy lasts 15 days. If 15 days have gone by since your purchase, unfortunately, we can’t offer you a refund.
To be eligible for a return, your item must be unused and in the same condition that you received it, along with the protective adhesive. It must also be in the original packaging, with labels.
REFUNDS
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. Although refunds usually happen in 7 working days, please allow us 15 days before contacting us about your refund.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at info@mishmish-swimwear.com, you will receive an answer within 48 working hours.
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.
SHIPPING
Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.