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 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 parties 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 accurately and corresponds to the characteristics actually owned. However Mishmissh Srls is unable to 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. As soon as I received the payment of the Good La Mishmish Srls will issue the relevant tax document 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 or by sending an email to customopercare@mammissh-swimwear.com. 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 the above is missing.

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 discipline on 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 Mishmissh srls is unable 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 website of Mishmissh Srls at www.mammisshswimwear.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 known to the buyer if the good is no longer bookable or what the waiting times will be to get the good chosen, asking if he intends to confirm the Order or less.

7.3. The IMHISH SRLS computer system confirms as soon as possible the order has been registered by forwarding a confirmation by e-mail, pursuant to point 3.3.

8. Limitations of responsibility

8.1. Mishmish Srls does not assume any responsibility for disruptions attributable to causes of force majeure or third parties (eg disservices attributable to couriers), in case it fails to execute the order in the times and ways provided for 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 also 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 full refund of the price paid and any accessory charges Supported.

8.4. Mishmish Srls assumes no 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 the products purchased, 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. Mishmish Srls is responsible, pursuant to 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 damage caused by death or personal injury or by destruction or deterioration of a different thing from the defective product, provided they are normally intended for use or private consumption and so mainly used by damaged.

9.7 The damage to the case referred to in art. 123 of the Consumer Code will, however, compensable only to the extent that exceeds the sum of euros 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 pursuant to art. 130, paragraph 4, of the Consumer Code.

10.6. The request must be sent in written form, by registered letter with return receipt or by certified electronic mail, to Mishmissh Srls, which will indicate its willingness to carry out the request, or the reasons that prevent you from doing it, within seven Business days from receipt. In the same communication, where Mishmissh Srls has accepted the request of the buyer, must indicate the methods 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 were, moreover, already viewed and accepted by the Buyer, which acts, as this passage will be made mandatory before the purchase confirmation.

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 purchased good.

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 custom-made goods or clearly personalized or that, by 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 also 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 judicial pronunciation.

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, namely 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 certification that the transactions referred to in letters a) and b) have been carried out, also with regard to their content, 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 owner's own 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 your residence or domicile in the registration form, the telephone number or e-mail address to which you wish will be sent communications from Mishmissh Srls.

17. Composition of disputes

17.1. All disputes arising from this Agreement will be donated to a conciliation attempt at the Mediation Body of Commerce and resolved according to the reconciliation regulation by the same 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.


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