Refund policy
Art. 8. Customer’s right of withdrawal, effects and exclusions.
8.1. The Customer has the right to withdraw from the Contract, without giving any reason, within 14 (fourteen) days from the day on which the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the Products. In the case of a Contract relating to multiple Products ordered by the Customer in a single order and delivered separately, the withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the last Product.
8.2. The Customer must communicate their decision to withdraw from the Contract by means of an explicit statement, sending a notice by ordinary post or email to Mialica at the contact details indicated in the heading of the Terms of Sale or in the footer of the Site. To exercise the right of withdrawal, the Customer may choose to use the model withdrawal form, but this is not mandatory.
8.3. If the Customer withdraws from the Contract pursuant to this article, the Customer will be refunded all payments made, including delivery costs, without undue delay and in any event no later than 14 (fourteen) days from the day on which Mialica was informed of the Customer’s decision to withdraw from the Contract. The refund will be made, where possible, using the same means of payment used by the Customer at the time of purchase of the Product, or by bank transfer. It will be the Customer’s responsibility to provide Mialica with the bank details for making the transfer in the Customer’s favour and for enabling Mialica to return the sum due.
8.4. The Customer must send the Products back to Mialica S.r.l.s., c/o Logistica Mialica, Via Maestri del lavoro n. 4/6, 37044 Cologna Veneta (VR), without undue delay and in any event within 14 (fourteen) days from the day on which the Customer informed Mialica of their withdrawal from the Contract. The deadline is met if the Customer sends back the Products before the period of 14 (fourteen) days has expired. The costs of returning the Products will be borne by the Customer.
8.5. If the right of withdrawal is exercised by the Customer for orders and related Contracts concluded following promotions with free products (for example, 3+3, 2+1, 1+1 etc.), the Customer may exercise the right of withdrawal exclusively in relation to the entire Contract, with a consequent full refund as indicated above: in such a case, partial withdrawal from the Contract (and therefore partial refund) is accordingly excluded.
8.6. In accordance with Article 59, paragraph 1, of the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005), the right of withdrawal is excluded in the case of “supply of goods which are liable to deteriorate or expire rapidly” (letter d) or “supply of sealed goods which are not suitable for return for hygiene reasons or reasons connected with the protection of health and have been opened after delivery” (letter e).
Furthermore, the rules on withdrawal under the Consumer Code do not apply in the case of “off-premises contracts under which the consideration to be paid by the consumer does not exceed €50” (Article 47, paragraph 2, of the Consumer Code).
Therefore, the Customer may not exercise the right of withdrawal governed by this article in relation to
Art. 7. Products and guarantee on the Products.
7.1. Mialica guarantees that the Products comply with the market standards laid down by national and European legislation, including with regard to food supplements and cosmetics.
7.2. The essential characteristics of the Products, as well as those prescribed by the applicable regulations, are presented on the Site within each product sheet.
Mialica makes every reasonable effort to represent the Products as faithfully as possible in terms of image, graphics or content, but informs the Customer that the visual representation of the Products, where available, is indicative and its sole purpose is to present them for sale, without any guarantee or commitment on the part of Mialica as to the exact correspondence of the image shown on the Site with the actual Product; and this with particular regard to its actual dimensions and to the colour aspects of the Product or of its packaging. In the event of a discrepancy between the image of the Product on the Site and the relevant product sheet, the description given in the product sheet shall always prevail. In any case, the Customer is informed that the images and colours of the Products may differ from the actual ones as a result of the local settings of the systems, browser or monitor used for viewing.
7.3. Without prejudice to the foregoing, Mialica applies the legal guarantee on the Products, as governed by Arts. 128 et seq. of the Consumer Code, in the event of a lack of conformity of the Products, namely the delivery of Products that have flaws or defects or do not conform to what is provided for in the Contract, that is to say, that are unfit for the purposes for which goods of the same type are normally used, do not conform to the relevant descriptions published on the Site or do not display the promised qualities.
The legal guarantee referred to in this paragraph does not apply if the Customer has damaged the Products through their own wilful or negligent conduct, or in any case if, through their negligence, carelessness or for other reasons not attributable to Mialica, the Customer has damaged the Products or rendered them defective, exposed them to natural events or used them improperly, that is, in a manner not consistent with their intended use or without following the technical documentation relating to the Product, including with regard to the presence of substances or allergens, which the Customer is always required to check by consulting the information provided by Mialica for this purpose. The legal guarantee is also excluded if the Customer has carried out, or had third parties carry out, repairs, interventions or tampering on the Products, if the Products have been stored negligently or unskilfully, or in the case of normal wear and tear or deterioration of the Products or their parts.
The Customer may report any defects and non-conformities by sending a specific notice to Mialica at the contact details indicated in the heading of the Terms of Sale or in the footer of the Site, with an indication of the non-conformity found, at least 1 (one) photograph of the Product and the order confirmation sent by Mialica. The action to assert defects not fraudulently concealed by the seller is in any case subject to a limitation period of 26 (twenty-six) months from the delivery of the Products to the Customer.
Upon receipt of the Customer’s request, Mialica will assess the defects and non-conformities reported by the Customer and, after carrying out the quality checks aimed at verifying the actual non-conformity of the Product, will decide whether to authorise the return of the Products, providing the Customer with a response by email. Authorisation to return the Products will in no way constitute an acknowledgement of defects or non-conformities, the existence of which must be ascertained after the return. The Products whose return Mialica has authorised must be returned by the Customer, together with a copy of the return authorisation communication, within 30 (thirty) days from the notification of the defect or non-conformity, to the following address: Mialica S.r.l.s., c/o Logistica Mialica, Via Maestri del lavoro n. 4/6, 37044 Cologna Veneta (VR).
In the event of defects or non-conformities, the Customer will be entitled to have the conformity of the Product restored by Mialica, through repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
If Mialica has undertaken to refund the price of the Product to the Customer, the refund will be made, where possible, using the same means of payment used by the Customer at the time of purchase of the Product, or by bank transfer. It will be the Customer’s responsibility to provide Mialica with the bank details for making the transfer in the Customer’s favour and for enabling Mialica to return the sum due.
The provisions of this article are without prejudice to any further guarantees of the manufacturer, which is a third party with respect to Mialica.
Note: the form, duly completed in all its parts, may be sent by email to the address customer@mialica.com, or in paper form to Mialica S.r.l.s., Via Monte Napoleone 8, 20121 Milan
Download the form here