Shipping policy
SHIPPING
Mialica S.r.l.s.
The delivery times for the Products are approximately:
- 3-5 working days, in the case of delivery within Italian territory (excluding the islands)
- 5-7 working days, in the case of delivery to Sicily, Sardinia or the minor islands.
Mialica undertakes to deliver the Products without undue delay and in any case no later than 30 (thirty) calendar days from the conclusion of the Contract.
The time frames indicated on the Site are to be understood as indicative. The Products will be delivered by courier, to the Customer’s home or to a collection point; the exact delivery times may vary depending on the destination.
The Products are deemed to have been delivered when they are made available to the Customer at the address indicated by the Customer in the order form.
If delivery fails because the recipient is absent at the address indicated, the courier will send a notification email and will attempt a new delivery. If the new delivery cannot be made because the recipient is absent or cannot be traced, the Products will be returned to Mialica. Once 30 (thirty) calendar days have elapsed from the date on which the Products were sent back to Mialica because delivery could not be made, the relevant Contract will be deemed terminated pursuant to Art. 1456 of the Italian Civil Code. In this case, Mialica will retain any amount already paid by the Customer for the purchase and shipping of the undelivered Products.
The termination of the Contract and the amount of the refund will be communicated by email to the address provided by the Customer at the time of purchase. The amount of the refund will be credited to the same means of payment used by the Customer for the purchase.
If, before the period of 30 (thirty) days indicated above has elapsed, the Customer asks to receive the purchased Products again, Mialica will proceed with the new delivery, charging the Customer (i) the costs of the new delivery, (ii) the costs of returning the Products to Mialica and (iii) the storage costs.
The delivery costs of the Products may be added to the prices of the Products. The amount of the delivery costs may vary depending on the delivery method chosen, the total amount of the order and the place of delivery. In any case, the delivery costs are clearly shown during the ordering process and calculated precisely once the Customer has entered all the data and information relevant for this purpose (that is, at the latest, at the moment preceding submission of the order).
Free shipping, when offered, is promotional in nature. Each promotion is valid exclusively for the delivery zones and for the period indicated in the promotion itself, subject to any further conditions specified therein (for example a minimum order amount). For destinations and orders not covered by the promotion, the ordinary delivery costs apply, which are always indicated during the ordering process. The conditions in force at the time the order is submitted apply; the conditions provided for subscription purchases remain unaffected.
Mialica is not liable in cases of force majeure, unavailability of means of transport, acts of third parties, or unforeseeable or unavoidable events that cause a delay in deliveries, make deliveries difficult or impossible or cause a significant increase in the delivery cost borne by Mialica. Should any of these circumstances occur, Mialica has the right to split, postpone or cancel, in whole or in part, the scheduled delivery, or to terminate the Contract. Mialica undertakes to give prompt and adequate notice of its intention to split, postpone or cancel, in whole or in part, the scheduled delivery, or to terminate the Contract, to the email address indicated by the Customer; the Customer is entitled to the return of any price already paid, to the exclusion of any further claim, on any grounds whatsoever, against Mialica. Accordingly, in the cases governed by this paragraph, the Customer expressly waives any claim, including by way of mere reimbursement or compensation, against Mialica.
CASES OF RETURN OF THE PRODUCTS (RETURNS)
Mialica S.r.l.s.
Anomalies found upon delivery
Upon delivery of the Products by the courier, the Customer is required to check carefully:
- the integrity of the labels, the packaging and the packs
- the absence of damage to or alteration of the packaging or the packs
- the correspondence between the number of items delivered and the number of items indicated in the delivery note.
If these checks reveal discrepancies or anomalies, the Customer must
- raise them immediately, in writing, with the party responsible for delivering the Products, stating that the Products are accepted “subject to inspection” or reporting the damage: failing this, no complaint will be accepted
- within 24 hours of delivery, on pain of forfeiture, report the discrepancies or anomalies to Mialica, specifying the order to which they relate. For this purpose, the Customer may write to the contact details indicated in the heading of the Terms of Sale or in the footer of the Site, or fill in our Contact form in the relevant section of the Site.
If the conditions for requesting the return of the Product due to discrepancies or anomalies, as described above, are met, Mialica will send the Customer a return confirmation email containing the instructions for returning the Product.
In the event of a return made pursuant to this paragraph, the Customer may be refunded the payments they have made, including delivery costs, without undue delay, or Mialica will replace the returned Products with other intact ones, in the case of defects or of a delivery not conforming to the order. 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.
Guarantee on the Products
Without prejudice to all the provisions of Article 7 of the Terms of Sale, including with regard to the requirements for enforcing the guarantee, 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.
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.
Withdrawal from the Contract
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.
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.
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.
The Customer must send the Products back, 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.
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.
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
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In any case of return or restitution permitted by the Contract, the Customer may send the Products to the following address:
Mialica S.r.l.s.
c/o Logistica Mialica
Via Maestri del lavoro n. 4/6
37044 Cologna Veneta (VR)