Terms of service
Mialica S.r.l.s.
These general terms of sale govern the distance sale of the goods made available, via the internet, through the website mialica.com, in compliance with the applicable legislation, and in particular with the Italian legislation on distance contracts (Legislative Decree 70/2003, as amended and supplemented), and are effective in respect of each individual consumer customer.
The seller and owner of this site is
Mialica S.r.l.s., represented by its legal representative pro tempore, with registered office at Via Monte Napoleone 8, 20121 Milan, Tax Code and VAT No. 04934580236
- email: customer@mialica.com
- certified email (PEC): mialicasrls@pec.it
- telephone number 324 1826539
The terms of sale are always available for consultation in the relevant section of the mialica.com website, and may be downloaded, saved and/or printed by the user at any time.
Art. 1. Definitions.
For the purposes of these general terms of sale, the terms set out below have the following meaning, in both the singular and the plural, without prejudice to any further definitions contained in the body of this text:
- Consumer Code: Italian Legislative Decree no. 206 of 6 September 2005, as subsequently amended.
Art. 2. Precedence clause and applicable legislation.
2.1. The Customer acknowledges and accepts that these Terms of Sale, supplemented by the Terms of Use of the Site, contain the sole rules applicable to the Contract for the sale of the Products by Mialica through the Site, by way of derogation from, and with precedence over, any terms drawn up by the Customer in this regard, and are deemed to be accepted in full by the Customer at the moment the latter gives the relevant acceptance through the procedure indicated on the Site. Any contractual terms of the Customer shall not apply, even if the Customer were to make explicit reference to them in communications with Mialica.
2.2. Certain clauses of the Terms of Sale may be disapplied or supplemented, in whole or in part, by the laws applicable from time to time for the protection of Consumers resident in the European Union.
Art. 3. Subject matter of the Contract.
3.1. Under the Contract, Mialica sells and the Customer purchases the Products selected and ordered by the Customer from among those included in the electronic catalogue on the Site and available at the time of the order.
3.2. Any supply of goods or services in addition to the Products expressly indicated in the order confirmation sent to the Customer by Mialica is excluded.
Art. 4. Conclusion of the Contract.
4.1. The presentation of the Products on the Site does not constitute a legally binding offer, but an invitation to submit an offer (order). The Contract is concluded exclusively via the internet, by means of the Customer’s access to the Site where, by following the procedures indicated, the Customer will formalise the proposal for the purchase of the Products.
4.2. During the ordering process, the Products selected by the Customer are placed in the cart. It is possible to change the desired quantity or to remove the selected Products completely at any time. If the Products have been placed in the cart, by clicking on the “Proceed with order” button, or similar wording, the Customer may enter his or her billing and delivery details, as well as view the order summary. The Customer may then submit the purchase order for the Products by clicking on the relevant confirmation button. By submitting the purchase order and accepting the General Terms of Sale, the Customer places a binding order in respect of the Products selected and displayed in the order overview. By closing the browser window before submitting the purchase order, it is possible to cancel the ordering process completely, without any charge to the Customer.
4.3. Once the order has been submitted, Mialica will send the Customer an order confirmation email. The Contract is deemed concluded, and is binding on both Parties, after (i) the correct completion of the order form, (ii) the acceptance of the General Terms of Sale by the Customer, (iii) the payment of the price of the Products chosen and (iv) the confirmation that the order has been registered, by means of a summary message sent by Mialica to the email address indicated by the Customer. Therefore, the Customer is required to check the spam folder of his or her mailbox regularly.
The Contract shall not be deemed perfected and effective between the Parties in the absence of even one of the conditions set out in this article.
4.4. Mialica’s acceptance of the Customer’s order may be subject to the availability of the Products. In the event that stock subsequently runs out due to factors not foreseeable by Mialica or to other causes, Mialica undertakes to notify the Customer promptly by email that the Products are unavailable and to refund, or in any case not to charge, the corresponding price to the Customer, or to inform the Customer of the waiting times for obtaining the Products, asking whether the Customer intends to confirm his or her order or not.
4.5. Mialica reserves the right not to accept incomplete and/or improperly completed orders, notifying the Customer thereof by email and/or by means of an on-screen web message.
Art. 5. Prices and payment.
5.1. All prices of the Products displayed and indicated on the Site are expressed in euro (EUR) and are inclusive of VAT. Prices may be updated and may therefore be subject to daily changes; however, the prices applicable to the Customer are those in force at the time the order is submitted on the Site.
5.2. The shipping costs of the Products, where payable by the Customer, will be applied in accordance with the provisions of Article 6 below, or as otherwise indicated in the relevant sections of the Site.
5.3. Mialica accepts payments by credit card, including through third-party services such as Apple Pay or PayPal, and also allows payment in instalments in the manner and on the terms permitted by those third-party services. The means of payment accepted by Mialica from time to time can be consulted in the relevant section of the Site. Mialica may add, limit or exclude certain means of payment, including for limited periods of time, without having to give reasons, while giving specific notice of this on the Site.
5.4. Mialica may, at its discretion, grant Customers discounts on the price of the Products, including through systems for issuing coupons, the details of which must be entered by the Customer in the manner indicated when placing the order.
In accordance with the implementation of the provisions of Legislative Decree no. 26 of 7 March 2023 (“Omnibus Decree”), for the purposes of transparency and consumer protection, Mialica displays, for each Product, the list price, meaning the retail price suggested by the manufacturer. This serves to offer the Customer a point of reference for comparing the final selling price. Whenever a price reduction offer is presented, Mialica displays the lowest price recorded in the previous 30 (thirty) days for the same Product. The characteristics of, and the differences between, the two reference prices are clearly explained in a specific short notice next to the product sheet.
Art. 6. Conditions and costs of delivery of the Products.
6.1. 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.
6.2. The Products shall be deemed delivered at the moment they are made available to the Customer at the address indicated by the Customer in the order form.
In the event of failed delivery due to the absence of the recipient at the address indicated, the courier will send a notification email and will attempt a new delivery. If it is impossible to carry out the new delivery due to the absence of the recipient or because the recipient cannot be found, 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 carried out, the relevant Contract shall be deemed terminated pursuant to Article 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 expiry of the period of 30 (thirty) days indicated above, the Customer requests to receive the purchased Products again, Mialica will carry out 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.
6.3. 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 or alterations to the packaging or the packs
- the correspondence between the number of items delivered and the number of items indicated in the delivery note.
Where these checks reveal any 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. The return may be made 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 a return made pursuant to this paragraph, the Customer may be refunded the payments he or she has made, including delivery costs, without undue delay, or Mialica will replace the returned Products with other intact ones, in the event 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 when purchasing the Product or by bank transfer. It shall be the Customer’s responsibility to provide Mialica with the bank details for making the transfer in his or her favour and so that Mialica is in a position to return the amount due.
6.4. 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 procedure and calculated precisely after the Customer has entered all the data and information relevant for this purpose (i.e., at the latest, at the moment preceding the submission of the order). Free shipping, when offered, is promotional in nature. Each promotion is valid exclusively for the delivery areas 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 standard delivery costs apply, which are always indicated during the ordering procedure. The conditions in force at the time the order is submitted apply; those provided for subscription purchases remain unaffected. For more detailed information and for a comprehensive overview, reference is made to the Shipping and Returns section.
6.5. Mialica shall not be liable in cases of force majeure, unavailability of means of transport, acts of third parties, unforeseeable or unavoidable events that cause a delay in deliveries, make deliveries difficult or impossible or cause a significant increase in the cost of delivery borne by Mialica. Should any of these circumstances occur, Mialica shall be entitled 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 refund of any price already paid, to the exclusion of any further claim, on any grounds whatsoever, against Mialica. Therefore, in the cases governed by this paragraph, the Customer expressly waives any claim, including by way of mere reimbursement or compensation, against Mialica.
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 legislation, 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 only and has the sole purpose of presenting them for sale, without any guarantee or undertaking on the part of Mialica as to the exact correspondence of the image shown on the Site with the actual Product; this applies in particular as regards its actual dimensions and the colour aspects of the Product or of its packaging. In the event of any difference 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 them.
7.3. Without prejudice to the foregoing, Mialica applies the legal guarantee on the Products, as governed by Articles 128 et seq. of the Consumer Code, in the event of a lack of conformity of the Products, i.e. the delivery of Products that have flaws or defects or do not conform to the provisions of the Contract, that is to say, Products that are unfit for the purposes for which goods of the same type are normally used, that do not conform to the relevant descriptions published on the Site or that 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 his or her own wilful or negligent conduct, or in any case if, through his or her negligence, carelessness or for other reasons not attributable to Mialica, the Customer has damaged the Products or made them defective, exposed them to natural events or used them improperly, i.e. 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 in respect of 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 of their parts.
The Customer may report any defects and lack of conformity by sending a specific communication to Mialica at the contact details indicated in the heading of the Terms of Sale or in the footer of the Site, stating the lack of conformity found and including 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 shall in any case be time-barred on expiry of a period of 26 (twenty-six) months from the delivery of the Products to the Customer.
Following receipt of the request from the Customer, Mialica will assess the defects and lack of conformity reported by the Customer and, after carrying out the quality checks needed to verify the actual lack of conformity of the Product, will decide whether to authorise the return of the Products, providing the Customer with a reply by email. The authorisation to return the Products shall in no way constitute an acknowledgement of defects or lack of conformity, 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 of the report of the defect or lack of 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 lack of conformity, the Customer shall be entitled to have the conformity of the Product restored by Mialica, by means of repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
Where 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 when purchasing the Product or by bank transfer. It shall be the Customer’s responsibility to provide Mialica with the bank details for making the transfer in his or her favour and so that Mialica is in a position to return the amount 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.
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 several 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 his or her decision to withdraw from the Contract by means of an explicit statement, by sending a communication by ordinary post or email to Mialica’s 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, he or she will be refunded all payments made, including delivery costs, without undue delay and in any case 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 when purchasing the Product or by bank transfer. It shall be the Customer’s responsibility to provide Mialica with the bank details for making the transfer in his or her favour and so that Mialica is in a position to return the amount 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 case within 14 (fourteen) days from the day on which he or she communicated to Mialica his or her 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 shall 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 withdrawal exclusively in relation to the entire Contract, with a consequent full refund as indicated above: partial withdrawal (and therefore partial refund) from the Contract is accordingly excluded in such a case.
8.6. In accordance with the provisions of Article 59, paragraph 1, of the Consumer Code, the right of withdrawal is excluded in the case of the “supply of goods which are liable to deteriorate or expire rapidly” (letter (d)) or the “supply of sealed goods which are not suitable for return due to hygiene or health protection reasons and were unsealed 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 payment to be made 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 with reference to
Art. 9. Processing of personal data.
9.1. Mialica, as data controller, informs the Customer that, in connection with the contractual relationship, it will process so-called common data, such as personal details, banking details, telephone numbers, and postal and email addresses.
9.2. The personal data referred to in the preceding paragraph will be used for the purpose of managing the Contract. In this case, the data are processed in order to carry out the activities preliminary to and consequent upon the conclusion of the Contract, such as the management of the Customer’s orders and reports, the management of payments and the related invoicing, the delivery of the Products, as well as the fulfilment of all obligations arising from the Contract and compliance with the legal obligations incumbent on Mialica. Furthermore, the Customer’s data may be processed for the purpose of asserting or defending a legitimate right of Mialica or of a third party in judicial and/or administrative proceedings.
In order to fulfil these processing purposes, the provision of data by the Customer is mandatory: therefore, any refusal to provide the data, in whole or in part, may result in the non-performance or partial performance of the Contract, or make it impossible for Mialica to properly carry out all the obligations connected with the contractual relationship.
Therefore, unless otherwise indicated, the legal basis for such processing is Article 6, paragraph 1, letter (b) (“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”), letter (c) (“processing is necessary for compliance with a legal obligation to which the controller is subject”) and letter (f) (“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data”) of the GDPR.
Finally, Mialica may also use the data provided for the purposes set out above to send communications concerning products similar to the Products already purchased by the Customer, on the basis of the legitimate interest of the data controller, pursuant to Article 6, paragraph 1, letter (f) and Recital 47 of the GDPR, as well as Article 130, paragraph 4 of the Italian Privacy Code (Legislative Decree no. 196 of 30 June 2003), it being understood that the Customer may at any time exercise his or her right to object by clicking on the relevant link at the foot of each communication, or by writing to Mialica at the contact details indicated in the heading of the Terms of Sale or in the footer of the Site.
9.3. The personal data provided by the Customer may be processed and stored in paper and/or electronic form. Without prejudice to disclosures made in fulfilment of regulatory and contractual obligations, all data collected and processed by Mialica may be disclosed, exclusively for the pursuit of the purposes referred to in Art. 9.2 above, to employees or collaborators of Mialica who have been duly instructed and authorised to process the data, as well as to the following categories of recipients: (1) third parties providing services connected with e-commerce, such as marketing and IT consultants; (2) legal and accounting advisers; (3) business partners, such as entities that manage shipping and warehouses on behalf of Mialica. Where appropriate, these parties are appointed as data processors by means of a specific written instrument. At the Customer’s request, Mialica may provide the list of the data processors it uses. Furthermore, the data may be disclosed to bodies and administrative authorities for the fulfilment of legal obligations. The Customer’s data will not be transferred outside the European Union.
9.4. The personal data referred to in this notice will be retained for the time strictly necessary to fulfil the purposes described in Art. 9.2 above; in particular, the data provided will be retained for a period of 10 (ten) years from the end of the Contract or, in the event of disputes, for the limitation period provided for by law for the protection of the related rights, without prejudice in any case to any longer retention periods that may be provided for by specific sector regulations.
For the purpose of sending communications concerning products similar to the Products already purchased by the Customer, Mialica will process the Customer’s data for a period of 24 (twenty-four) months from the date of purchase of the last Product, unless the Customer objects to the processing before then.
Once the aforementioned reasons for the processing no longer apply, the data will be deleted, destroyed or stored in anonymous form.
9.5. Mialica informs the Customer that, in addition to the right to lodge a complaint with the Supervisory Authority, he or she also has the rights provided for by Articles 15 et seq. of the GDPR (in particular: the right of access, to rectification, to erasure, to restriction of processing, to data portability, to object and not to be subject to automated decision-making processes), which he or she may exercise by sending a specific written request to Mialica at the contact details indicated in the heading of the Terms of Sale or in the footer of the Site.
9.6. With regard to the data of the Customer or of the user of the Site processed by Mialica outside the contractual relationship, reference is made to the relevant Privacy Policy.
Art. 10. Amendment of the Terms of Sale.
10.1. Mialica reserves the right to amend these Terms of Sale unilaterally, in whole or in part, without notice. Any amendments made will take effect from the date of publication on the Site, as stated at the foot of the Terms of Sale. In the event of amendments, unless otherwise expressly agreed between Mialica and the Customer, the Terms of Sale in force at the time the Contract was entered into shall continue to apply to Contracts already concluded.
Art. 11. Miscellaneous.
11.1. Any tolerance by one Party of the other’s failure to fulfil one or more contractual obligations shall in no way be considered a waiver of the rights granted, by law or by contract, to the non-defaulting Party.
11.2. The nullity, invalidity or unenforceability of one or more of the clauses of the Terms of Sale, or of part of them, shall not affect the validity of the other provisions, which shall remain in force.
11.3. Any communication relating to the Contract, unless otherwise expressly provided, must reach Mialica in writing at the contact details indicated in the heading of the Terms of Sale or in the footer of the Site.
Mialica will contact the Customer at the contact details provided by the Customer when submitting the order. In the absence of communications from the Customer notifying any changes to his or her contact details, communications made by Mialica to the old contact details shall be fully effective and valid.
Art. 12. Language, applicable law and competent court.
12.1. In the event of conflicts of interpretation, ambiguity or discrepancy between the texts of the Terms of Sale that may be drawn up in different languages, the Italian-language text shall prevail.
12.2. The contractual relationship between Mialica and the Customer is governed by Italian law, without prejudice to the application of the mandatory rules of European origin for the protection of the consumer. For matters not expressly provided for, the Terms of Sale refer to the Consumer Code, with specific reference to the rules on distance contracts, and to Legislative Decree no. 70 of 9 April 2003 on certain aspects of electronic commerce. However, if the consumer Customer resides outside Italy but within the European Union, the rules laid down by the law in force in his or her country of residence may apply to him or her, where they constitute mandatory protective rules or are more favourable to the consumer Customer.
12.3. Without prejudice to the application of the mandatory rules of European origin for the protection of the consumer Customer, any dispute relating to the application, performance, interpretation or termination of the Contract, or otherwise pertaining to the Contract, shall be subject to Italian jurisdiction, and the court of the place of the Customer’s domicile or residence, if located within the territory of the Italian State, shall be competent for such disputes.
Date of last update of the Terms of Sale: 8 May 2025