Terms and conditions

0. Introduction

0.0. The e-commerce website www.milace.com is owned by Milani snc di Andrea e Simone Milani, with registered office at Via Lazzaretto 56, 23848 Oggiono (LC), Italy, VAT/Tax Code IT04289330138.

1. Object

1.1. These General Conditions of Sale (hereinafter, the “General Conditions”) govern the remote purchase of Products made via electronic network through the website www.milace.com (hereinafter, the “Site”).

1.2. The owner of the Site is Milani snc di Andrea e Simone Milani, with registered office at Via Lazzaretto 56, 23848 Oggiono (LC), Italy.

2. Acceptance of the General Conditions of Sale

2.1. All purchases of Products made through the Site (hereinafter, the “Purchase Contracts”) by users accessing it (hereinafter, the “Customers”) are governed by these General Conditions, as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), Section II on distance contracts (Articles 50–67), and by Italian regulations on electronic commerce (Legislative Decree no. 70/2003).

2.2. By concluding the Purchase Contracts according to the procedure set out on the Site, the Customer accepts and undertakes to comply with these General Conditions.

2.3. The Customer is therefore required to read these General Conditions carefully before making any purchase transaction. Milani snc di Andrea e Simone Milani makes them available also in order to allow reproduction and storage in compliance with Article 12, paragraph 3 of Legislative Decree no. 70/2003.

2.4. Milani snc di Andrea e Simone Milani may modify, at any time and without notice, the content of these General Conditions. The General Conditions published on the Site at the time the purchase order is sent by the Customer shall apply to each individual Purchase Contract.

3. Products

3.1. www.milace.com (hereinafter, the “Site”) is an online store for the sale of cosmetics, beauty products for body care, and related accessories (hereinafter, the “Products”).

3.2. All Products offered are illustrated in detail on the Site, within the respective sections, divided by Product category.

3.3. The visual representation of the Products on the Site, where available, is for illustrative purposes only and normally corresponds to the photographic image of the Products themselves. It is intended solely to present them for sale, without any guarantee or commitment on the part of Milani snc di Andrea e Simone Milani as to the exact correspondence between the image shown on the Site and the actual Product, particularly with regard to its actual dimensions and/or the chromatic aspects of the Products and/or their packaging.

3.4. In the event of any discrepancy between the image and the written product description, the description on the product sheet shall prevail.

4. Purchasing procedure

4.1. The Customer may purchase the Products available on the Site, illustrated in detail within the respective sections by Product category, as described in the relevant information sheets contained on the Site, by following the technical access procedures indicated therein.

4.2. To purchase the Products, the Customer must register on the Site by entering their personal details and following the instructions provided by the registration procedure, and must complete and send to Milani snc di Andrea e Simone Milani the order form in electronic format available on the Site, following the instructions provided therein. Purchase orders must be completed in full and accurately. If the Customer does not wish to register on the Site, they may still complete the purchase procedure, but will not be able to check the status of their orders or benefit from discounts and promotions.

4.3. The Customer must add the selected Products to the appropriate “Cart” and, after choosing the courier and reviewing and accepting the delivery costs, may proceed with the purchase.

4.4. If the Customer needs to modify the purchase order or any data contained therein, they must follow the appropriate modification procedure available on the Site. In particular, the Customer shall have the right to modify the quantity of the Products they intend to purchase by adding or removing one or more Products from the Cart.

4.5. Once this operation has been completed, the Customer will see a screen containing a summary of the purchase order, including delivery costs, with a request for further confirmation of the purchase procedure.

4.6. After viewing the summary, the Customer must select the desired payment method and submit the order by clicking on the appropriate button.

5. Conclusion of the contract

5.1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to submit a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and entails full knowledge and complete acceptance of these General Conditions.

5.2. Each Purchase Contract entered into between Milani snc di Andrea e Simone Milani and the Customer shall be considered concluded when Milani snc di Andrea e Simone Milani sends the order acceptance to the Customer’s email address. This confirmation message will indicate an “Order Number” to be used in any subsequent communication with Milani snc di Andrea e Simone Milani. In addition to the information required by law, the message will include all the data entered by the Customer, who undertakes to verify its correctness and promptly communicate any corrections. Any additional costs caused by errors in the data not promptly reported shall be the sole responsibility of the Customer.

5.3. Each order may be viewed by the Customer on the Site, in their personal area, if registered, immediately after the order has been sent.

5.4. The indication relating to Product availability is not binding, it being understood that Products indicated as “not available” cannot be ordered by Customers. In the event of unexpected unavailability of one or more Products indicated as available at the time the Order was sent by the Customer, Milani snc di Andrea e Simone Milani, without prejudice to the provisions of Article 5.2, undertakes to promptly notify the Customer by email and, if possible, propose an alternative. In this case, without prejudice to the right of withdrawal referred to in Article 10 below, the Customer may respond within 24 hours of receiving the email. If no response is received from the Customer within 24 hours, Milani snc di Andrea e Simone Milani will proceed with the shipment of the available Products. In the case of payment by credit card or PayPal, Milani snc di Andrea e Simone Milani will process the payment at the time of the Order and, in the event of unavailable Products, will promptly refund the amount paid.

5.5. Milani snc di Andrea e Simone Milani has the right, at its sole discretion, to accept or reject the order submitted by the Customer, without the latter being entitled to make any claims or acquire any rights whatsoever, for any reason, including compensation, in the event of non-acceptance of the order.

5.6. In particular, Milani snc di Andrea e Simone Milani reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency or where—also following a check with the circuit managing credit card payments—anomalies are found in the transactions and payment methods used by the Customer.

5.7. The Customer may check the contents of the concluded Purchase Contracts at any time by accessing their personal area of the Site, if registered. Such data will be available for a period of 12 months from the delivery of the Products.

6. Product prices

6.1. Product prices are expressed in Euros and include VAT. The applicable price is the one indicated on the Site at the time the order is submitted by the Customer. Delivery costs are clearly indicated during the ordering process. The cost of each shipment may vary depending on the delivery and payment method selected, as well as the destination and total amount of the order.

7. Billing and payment methods

7.1. Milani snc di Andrea e Simone Milani issues a purchase receipt for the Products purchased when the Products are handed over to the courier for shipment, sending it by email to the Customer or inserting it into the package. The information provided by the Customer shall be used for issuing the receipt. No changes to such data will be possible after the receipt has been issued. To request an invoice, please contact Milani snc di Andrea e Simone Milani at: info@milace.com.

7.2. Unless otherwise agreed, the Customer shall pay the full price of the ordered items at the same time as placing the Order. Milani snc di Andrea e Simone Milani reserves the right to deliver the purchased items only after receiving payment of the full price. As part of the order submission process, using the methods specified on the Site, different payment instruments may be offered by Milani snc di Andrea e Simone Milani, at its sole discretion, and may vary without prior notice, such as payment by credit card, payment through the protected “PayPal” system, or payment by prepaid card (e.g. “Postepay”). At the same time as the Order Confirmation is sent, the amount corresponding to the purchased Products will be charged to the Customer.

7.3. Milani snc di Andrea e Simone Milani reserves the right to modify, at any time, the payment methods available to Customers, without prejudice to the fact that those published on the Site at the time the order is submitted by the Customer shall be considered valid.

8. Delivery methods and costs

8.1. Milani snc di Andrea e Simone Milani undertakes to deliver the goods without undue delay and, in any event, no later than thirty days from the conclusion of the contract. Delivery of the Products shall be carried out by courier, and times may vary depending on the destination. The delivery times indicated at the time of placing the order are purely indicative.

8.2. Milani snc di Andrea e Simone Milani delivers to all countries indicated on the Site, and delivery shall take place without prior appointment.

8.3. No liability, for any reason whatsoever, may be charged to Milani snc di Andrea e Simone Milani by the Customer in the event of delay in processing the order or in delivering the Products covered by the Purchase Contracts.

8.4. The ordered Products will be sent to the postal address specified by the Customer. Upon delivery of the Products by Milani snc di Andrea e Simone Milani to the appointed courier, a shipping confirmation email will be sent to the Customer.

8.5. Deliveries are made from Monday to Friday, during normal business hours, excluding public holidays, according to the methods indicated by the courier used. Delivery is deemed completed when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the courier will send a warning email and attempt a new delivery according to its own procedures. If the new delivery cannot be carried out due to the absence of the recipient, Customer Service will attempt to contact the Customer to arrange a further delivery. For any reshipments of the Product, the Customer will be required to pay the shipping costs. If Customer Service is unable to contact the Customer within the following 10 days, or in the event of a further failed delivery due to the absence of the recipient, the Products included in the order will be returned to Milani snc di Andrea e Simone Milani. After 30 (thirty) days from the date on which the Products covered by the order were returned to Milani snc di Andrea e Simone Milani due to the impossibility of carrying out delivery, the contract shall be deemed terminated and the purchase order cancelled pursuant to Article 1456 of the Italian Civil Code. Milani snc di Andrea e Simone Milani will refund the amount paid by the Customer, net of the costs of returning the Products and the costs of storing them at the courier’s branch.

8.6. The termination of the contract and the refund amount will be communicated via email. The refund amount will be credited using the same payment method used by the Customer for the purchase. If, before the expiry of thirty days, the Customer requests to receive the purchased Products again, Milani snc di Andrea e Simone Milani will proceed with the new delivery after charging, in addition to the delivery costs, the costs of returning the Products to Milani snc di Andrea e Simone Milani and any storage costs.

8.7. Upon delivery of the Products by the courier appointed by Milani snc di Andrea e Simone Milani, the Customer is required to carefully check that the number of packages delivered corresponds to that indicated in the transport document.

8.8. Any damage to the packaging of the Products must be immediately contested by the Customer by placing a written reservation on the proof of delivery presented by the courier. It is understood that, once the courier’s document has been signed without objection, the Customer may no longer raise any objection to Milani snc di Andrea e Simone Milani with reference to the external characteristics of the delivered goods.

8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries, make deliveries difficult or impossible, or cause a significant increase in the delivery costs to be borne by Milani snc di Andrea e Simone Milani, shall entitle the latter to split, postpone or cancel, in whole or in part, the expected delivery, or to terminate the Purchase Contract. In such cases, Milani snc di Andrea e Simone Milani shall provide timely and adequate notice of its decision to the email address indicated by the Customer, and the Customer shall be entitled to a refund of any price already paid, excluding any further claim, for any reason whatsoever, against Milani snc di Andrea e Simone Milani.

9. Discount coupons – Promotions

9.1. Any discount coupon or promotional code may be entered by the Customer when completing the purchase order. The system will update the total amount of the order net of the value of the voucher.

9.2. The discount voucher may be combined with other commercial initiatives only where expressly indicated.

10. Right of withdrawal and its effects

10.1. The Customer has the right to withdraw from the contract, without giving any reason, within 14 days.

10.2. The withdrawal period expires after 14 days from the day on which the Customer, or a third party other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered in a single order and delivered separately, the period expires on the day on which the Customer, or a third party other than the carrier and designated by the Customer, acquires physical possession of the last item.

10.3. To exercise the right of withdrawal, the Customer is required to inform Milani snc di Andrea e Simone Milani of their decision to withdraw from the contract by email to info@milace.com, or by registered letter with return receipt to: Milani snc di Andrea e Simone Milani, Via Lazzaretto 56, 23848 Oggiono (LC), Italy.

10.4. To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication referred to in Article 10.3 concerning the exercise of the right of withdrawal before the withdrawal period has expired.

10.5. If the Customer withdraws from this contract, all payments made to Milani snc di Andrea e Simone Milani will be refunded, including delivery costs (except for the additional costs resulting from the Customer’s choice of a type of delivery other than the least expensive standard delivery offered), without undue delay and in any event no later than 14 days from the day on which Milani snc di Andrea e Simone Milani is informed of the decision to withdraw from this contract. Such refunds will be made using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed; in any case, the Customer shall not incur any costs as a result of such reimbursement. The refund may be withheld until the goods have been received back or until the Customer has supplied evidence of having sent back the goods, whichever is earlier.

10.6. The Customer is required to return the goods or hand them over to Milani snc di Andrea e Simone Milani, Via Lazzaretto 56, 23848 Oggiono (LC), Italy, without undue delay and in any event within 14 days from the day on which the Customer communicated their withdrawal from this contract. The deadline is met if the Customer sends back the goods before the 14-day period has expired. The direct cost of returning the goods shall be borne by the Customer. The Customer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Returns are accepted only for intact and still sealed products.

10.7. In any event, the Customer may not exercise the right of withdrawal in the case of sealed goods that are not suitable for return for hygienic reasons or due to health protection and that have been opened after delivery.

11. Non-conformity of products and defective products

11.1. The Products offered on the Site comply with national and EU legislation. The images and colors of the Products published on the Site may differ from the actual ones due to the local settings of the systems and/or tools used to view them.

11.2. In the event of a lack of conformity of the purchased Products with respect to the description published on the Site, or in the event of a faulty or defective Product, the Customer shall be entitled to an immediate refund of the non-compliant goods upon sending photographs by email to info@milace.com highlighting the damage or non-conformity of the Product.

11.3. A communication will then be sent by the staff of Milani snc di Andrea e Simone Milani indicating the method of reimbursement, which may take place, at the Customer’s discretion, also through discount vouchers for a future purchase exceeding the value of the goods to be refunded, excluding any further liability of Milani snc di Andrea e Simone Milani on any grounds whatsoever.

11.4. In any event, without prejudice to the provisions regarding the legal guarantee of conformity of goods under the Italian Consumer Code (Legislative Decree no. 206/2005, Part IV, Articles 128–135, as applicable).

12. Minors

12.1. Milani snc di Andrea e Simone Milani does not sell products to minors. Products sold on the Site may only be purchased by adults. If you are under 18 years of age, you may use the www.milace.com website only with the involvement of a parent or guardian.

13. Processing of personal data

13.1. Milani snc di Andrea e Simone Milani declares and guarantees that Customers’ personal data will be processed in accordance with applicable data protection legislation. Details relating to the processing methods are specified in the information notice available in the section specifically dedicated to the “Privacy Policy”.

14. Communications and complaints

14.1. All communications or complaints by the Customer relating to the Purchase Contracts must be sent through the appropriate tools available on the Site or by email to info@milace.com.

15. Intellectual property rights

15.1. All trademarks (registered or unregistered), as well as any and all intellectual works, distinctive signs or names, images, photographs, written or graphic texts, and more generally any other intangible asset protected by laws and international conventions relating to intellectual and industrial property reproduced on the Site, remain the exclusive property of Milani snc di Andrea e Simone Milani and/or its licensors, without the Customer deriving any rights thereto from access to the Site and/or from the conclusion of the Purchase Contracts. Any use, even partial, thereof is prohibited without the prior written authorization of Milani snc di Andrea e Simone Milani, in whose favor all related rights are exclusively reserved.

16. Applicable law and competent court

16.1. These General Conditions and any and all contracts entered into with the Customer are governed by Italian law, without prejudice to the application of EU legislation and international treaties, where applicable, as well as national legislation protecting consumers.

16.2. The Customer accepts the jurisdiction of the Italian courts. For any action arising from or connected with the General Conditions of Sale, navigation and use of the Site, the Court of Lecco shall have exclusive jurisdiction, without prejudice to any mandatory consumer protection provisions.

17. Resale prohibited

17.1. The products, services and promotional samples available on the Milani snc di Andrea e Simone Milani website are intended for personal use only. The online consumer is not permitted to sell or resell products, services or promotional samples received. Milani snc di Andrea e Simone Milani reserves the right to reduce or terminate the supply of products or services if it has reason to believe that the user’s conduct may violate these Conditions of Sale.

18. Amendments to the General Conditions of Sale

18.1. Milani snc di Andrea e Simone Milani reserves the right to modify the Site, its policies and these General Conditions at any time in order to offer new products or services or to comply with new legal requirements. The Customer shall be subject to the General Conditions in force at the time the order is placed, unless any change is required by applicable law or by the competent authorities, in which case such changes shall also apply to orders placed previously.

18.2. If any provision of these General Conditions is deemed invalid, void or unenforceable for any reason, such condition shall not affect the validity and enforceability of the remaining provisions.

19. Contacts

19.1. For further information and assistance regarding the Site or online purchasing methods, Customers may contact Milani snc di Andrea e Simone Milani directly by writing to: info@milace.com.

20. Copyright

20.1. All rights reserved. Texts, images, graphics, sound, animations, videos and their arrangement on the websites of Milani snc di Andrea e Simone Milani are protected by copyright and other intellectual property laws. Some images available on the website may be subject to the copyright of third parties.

20.2. Trademarks, copyrights and any other intangible rights appearing on third-party websites that may be referenced by hyperlink are the exclusive property of their respective owners.

20.3. Reproduction on paper or electronic media of the Site and of the elements contained or reproduced therein is permitted, provided that such reproduction is strictly limited to personal use, excluding any use for advertising and/or commercial purposes.

20.4. The User may not modify, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Site.

20.5. Milani snc di Andrea e Simone Milani publishes on its Site information of a general and purely informative nature. Such information does not constitute professional advice; therefore, its accuracy or completeness is not guaranteed and, since it does not represent any specific offer to the public, it shall not be binding on Milani snc di Andrea e Simone Milani for any reason whatsoever.

20.6. To obtain advice or information regarding specific needs, Milani snc di Andrea e Simone Milani invites Users to request a specific opinion. Milani snc di Andrea e Simone Milani also accepts no responsibility for the existence or content of third-party websites to which www.milace.com refers, or may refer, through hyperlinks. Trademarks, copyrights and any other intangible rights appearing on third-party websites are the exclusive property of their respective owners.