General Terms and Conditions of Sale
The website www.bymilaner.com (‘Site’) is operated by Rossi & Rei Inc. DBA Milaner, with registered office at 7 Beaver Street, San Francisco, California 94114, United States, EIN 61-1771279 (‘Milaner’), email: concierge@bymilaner.com. All products purchased on the Site are sold directly by Milaner. Milaner invites users of the Site (‘Users’ or individually ‘User’) to read these General Terms and Conditions of Sale (‘GTCS’) which govern the purchase of products and the management of orders placed on the Site. The Site is hosted on platforms of Shopify Inc.
SECTION 1 - PREAMBLE
The User is advised to read these GTCS carefully before placing orders on the Site. By making any reservation and/or order the User implicitly and fully accepts these GTCS which, therefore, are considered to be known and accepted by the User in all its agreements and provisions, none excluded and/or excepted. These GTCS apply to orders for products on the Site, in the version published at the time of the order. Milaner reserves the right to modify the GTCS at any time.
By accepting these GTCS, the User declares that he/she is of legal age in his/her State of residence and is legally entitled to enter into binding contracts.
The User shall only use the Site to make legally valid consultations or orders and agrees not to place false or fraudulent orders, nor to use the products for illegal or unauthorised purposes, nor may the User, in using the Site and the products, violate the laws of his/her jurisdiction (including, without limitation, copyright laws).
The offer of products on the Site is exclusively for individuals and/or companies which not intend to sell and/or market them as part of the exercise of any business activity. Milaner reserves the right not to accept orders from those who, by reason of the quantity of products ordered, the frequency and continuity of orders and the periodicity of the same or other elements that will be evaluated by Milaner from time to time, are presumed to intend to sell and/or market them to third parties as part of their business activities. Milaner reserves the right, but not the obligation, to limit sales of its products to any person, geographic region, or jurisdiction and to limit the quantities of any product offered, to refuse any order placed by the User, to limit or cancel quantities purchased per person, per household, or per order. Such limitations may include orders placed by or with the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event that we need to change or cancel an order, we may attempt to inform you by contacting the e-mail and/or billing address/phone number provided at the time of the order. Milaner reserves the right to discontinue the offer for sale and the sale of any product at any time.
Any violation of these GTCS shall result in the immediate cancellation of any orders and subsequent notification to the competent authorities.
SECTION 2 - AGREEMENT FINALIZATION
The agreement with Milaner is considered binding on the User after the online ordering process has been completed, after entering all the required data, accepting the GTCS and sending a final confirmation of the order by clicking on the "Checkout" button. After your request has been sent, you will receive an email confirming receipt of your order, containing a summary of the details of your order (price, means of payment used, delivery costs, delivery times). This confirmation of receipt does not constitute an acceptance of the offer by Milaner, but Milaner only informs you of the receipt of your order. The order can be modified up to the step before payment, by clicking on the "Cart" icon at the top. Any order placed by the User through online payment will be taken into consideration by Milaner only after acceptance of payment and confirmation by the payment gateway. The delivered goods remain the property of Milaner until full payment is made. Milaner recommends keeping the order confirmation email. The contract of sale is finalized only after the shipment of goods ordered.
In case where the products ordered are not available, Milaner reserves the right not to send the goods ordered, there being no obligation to deliver the same. In this case, Milaner will immediately inform the User of the unavailability of the ordered product, providing without any delay to refund the amount already paid. The status of the order can be verified by tracking number of the selected courier which will be transmitted by Milaner once the order has been dispatched.
Milaner only accepts cancellations of online orders within the shipment of the order. If your order contains an error or you need help, please send us an e-mail to concierge@bymilaner.com.
SECTION 3 - PRODUCTS
Some products may only be available online through the Site and may have limited quantities and may be subject to return or exchange only in accordance with our return policy available on the Site.
Milaner has made every effort to display as accurately as possible the colors and images of the products that appear at the Site but it cannot guarantee that your computer monitor's display of any color will be accurate.
All product descriptions are subject to change at any time without notice at the sole discretion of Milaner.
SECTION 4 - PRICES AND PAYMENT METHODS ACCEPTED
The prices applied are those indicated on the Site at the time the order is confirmed by the User, in the currency selected by the User. Prices are subject to change without notice.
Products purchased by the User through the Site can be paid for alternatively with:
- Credit Card (Visa, MasterCard, American Express, JCB, Discover, Diners Club);
- PayPal;
- After Pay.
In case that the method of payment chosen is the charge on the credit card, the charge will take place only after obtaining authorization from the issuer of the credit card for the amount equal to the price of the product ordered.
By choosing the credit card payment method, Milaner will come into possession of information relating to the credit card, the credit card number or the financial, patrimonial and personal information of the User. Milaner, therefore, in no case is responsible, and cannot be held liable, for any fraudulent and/or illegal use of credit cards by third parties during the procedure of purchasing and paying for products through the Site. Payments for products that are made by third parties with fraudulent and/or illegal use of credit cards (e.g., cloning, theft, etc.) will be considered correctly made in favor of Milaner, which in no case will be required to reimburse any amount to the legitimate owner and/or possessor of the credit card used fraudulently and/or illegally.
By choosing to pay with PayPal and AfterPay, the User is directed to the login page of PayPal or AfterPay and the payment is handled in the manner and according to the rules governing the relationship between the User and PayPal itself or between the User and AfterPay itself, a relationship to which Milaner is completely unrelated.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
The User agrees to provide current, complete and accurate purchase and account information for all purchases made on the Site. The User agrees to promptly update his/her account and other information, including his/her email address and credit card numbers and expiration dates, so to complete the transactions and be contacted in case of need.
SECTION 6 - SHIPPING TIMES AND COSTS
Milaner’s artisans make each product based on order and by hand from their workshops. As a result, the timing of arrival varies by product and it’s approximately 1-3 days from order date in the US and 1-3 weeks from order date within the EU. You can always check the status of your delivery using the tracking service provided by the courier, chat with us or send us an e-mail to concierge@bymilaner.com to get an exact timeline based on the production time of the craftsmen. Orders placed separately will be shipped separately. If the shipment is not delivered to the User's address for reasons attributable to his lack of cooperation, incorrect/incomplete telephone number, incorrect/incomplete delivery address, or if the recipient is absent or refuses delivery, Milaner reserves the right to ask the User for refund of any additional costs incurred.
In the event of a restitution, the costs paid at the time of delivery will not be refunded.
Shipping costs are calculated at the time of payment and vary depending on the destination. Customs duties may apply and are the responsibility of the User and are not included in the amount paid at the time of order. The courier may ask you to pay these duties on delivery. The courier will send the User an email containing the request for payment duties with a link to make the payment online before delivery. The details of shipping costs can be found in the FAQ area of the Site.
SECTION 7 - MOBILE TERMS OF SERVICE
By consenting to Milaner’s SMS/text messaging service, the User agrees to receive recurring SMS/text messages from and on behalf of Milaner through his/her wireless provider to the mobile number provided, even if the mobile number is registered on any state or federal “Do Not Call” list (“Mobile Service”). Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). The User understands that he/she does not have to sign up for the Mobile Service in order to make any purchases, and his/her consent is not a condition of any purchase with Milaner. User’s participation in this program is completely voluntary. Milaner does not charge for the Mobile Service, but the User is responsible for all charges and fees associated with text messaging imposed by his/her wireless provider. Message frequency varies. Message and data rates may apply. User should check his/her mobile plan and contact his/her wireless provider for details. User is solely responsible for all charges related to SMS/text messages, including charges from his/her wireless provider.
User may opt out of the Mobile Service at any time by texting the single keyword command STOP to +18552426975 or clicking the unsubscribe link (where available) in any text message to cancel. User will receive a one-time opt-out confirmation text message. No further messages will be sent to his/her mobile device, unless initiated by the User. If the User has subscribed to other Milaner mobile message programs and wishes to cancel, except where applicable law requires otherwise, User will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18552426975 or email concierge@bymilaner.com.
Milaner may change any short code or telephone number we use to operate the Mobile Service at any time and will notify the User of these changes. The User acknowledges that any messages, including any STOP or HELP requests, he/she sends to a short code or telephone number Milaner has changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. User agrees to provide Milaner with a valid mobile number. If User gets a new mobile number, User will need to sign up for the Mobile Service with the new number. To the extent permitted by applicable law, User agrees that Milaner will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
Milaner respects User’s right to privacy. To see how Milaner collects and uses User’s personal information, please see Milaner’s Privacy Notice at https://bymilaner.com/pages/privacy-policy.
SECTION 8 - USER REVIEWS
By submitting a review of one of the products offered for sale on the Site, the User grants Milaner a non- exclusive, royalty-free global license to use any written reviews in connection with its marketing and/or in its advertising, including without limitation, in its online shop, newsletters, e-mails, and other customer-facing communications, and for other marketing purposes. Milaner shall have no obligation to publish reviews and may review reviews prior to their publication. Milaner will have no obligation to maintain the confidentiality of reviews, to pay a fee for reviews, or to respond to reviews. Milaner, at its sole discretion, will edit or remove or not publish reviews that are deemed offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate Milaner's or a third party's intellectual property or these GTCS.
User agrees and accepts that his/her comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. User further agrees that his/her comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. User may not use a false e-mail address, pretends to be someone other than his/herself, or otherwise mislead us or third-parties as to the origin of any comments. User is solely responsible for any comments he/she makes and their accuracy. Milaner takes no responsibility and assumes no liability for any comments posted by the Users or any third-party.
SECTION 9 - GIFT CARD
The digital gift card that can be purchased on the Site (‘Gift Card’) is the property of Milaner and the Gift Card holder is considered a mere depositary of the same.
Gift Card is valid exclusively for the purchase of articles offered for sale on the Site up to the initial value of Gift Card. If the purchase price of the desired articles is higher than the remaining value of Gift Card, the difference must be paid using the payment methods accepted by Milaner and indicated in these GTCS.
Gift Card cannot be purchased using another Gift Card or with a promotional code, nor can it be returned or refunded. Gift Card is not nominative and can be used by anyone who presents it for the purchase of products on the Site. The holder of Gift Card is solely responsible for the use and safekeeping of the Gift Card. In case of theft, loss or damage, Gift Card will not be replaced.
Milaner will not be responsible for the non-receipt or delayed receipt of Gift Card by the recipient due to force majeure and in any case not attributable in any way to Milaner.
Gift Cards obtained by any fraudulent or illegal means will be considered null and void, cannot be used to purchase articles, and the purchase price cannot be refunded.
Gift Card cannot be used for advertising purposes or for the promotion of products or services marketed by third parties unrelated to Milaner, unless authorised by Milaner.
The purchase and/or use of Gift Card implies full acceptance of these GTCS.
SECTION 10 - WARRANTY
All the products offered on the Site are covered by a warranty for conformity defects of 2 years for purchases made within the EU and 6 months for purchases made outside the EU, provided that they are reported to Milaner within 2 months of their discovery. In these cases, the User may request repair or replacement of the same (unless repair is impossible or too expensive) or secondarily (if replacement is impossible or too expensive) the reduction of the price paid or termination of the purchase contract, all without additional charges.
Excluded from the warranty are defects caused by improper use or as consequences of wear and tear and ageing of the products. Variations in color and texture are integral part to the sophistication and beauty of Milaner’s handmade products.
Finally, damage or breakage caused by accidental impacts, colour transfer, accidents, improper use or alterations, services or repairs carried out by persons other than Milaner are excluded from the warranty.
For any manufacturing defect within the above-mentioned period, please contact our customer service department by e-mail, also stating:
- Product name and characteristics;
- Photos of the item clearly showing the problem;
- A copy of the proof of purchase (product number and original receipt).
Our warranty only applies to orders placed through our website www.bymilaner.com.
SECTION 11 - LIABILITY
Without prejudice to the application of previous paragraph above, Milaner shall be exclusively liable for losses resulting from Milaner's breach of these GTCS. This liability is exclusively limited to the purchase price of the products purchased and compensation for foreseeable damages. Damages shall be deemed foreseeable if the parties could have foreseen them at the time the order was accepted by Milaner.
Milaner shall not be liable for consequential damages that are an indirect result of the principal damage or loss and that are not foreseeable by the parties, including, without limitation: loss of profits or revenue; loss of business opportunity; loss of profits or contracts; or loss of savings; provided that the foregoing shall not preclude any action for loss or damage suffered under applicable mandatory rules of law or any other action for direct damages not excluded by any of the foregoing categories of damages set forth in this paragraph.
Milaner shall not be liable for any failure to perform, or delay in performing, its obligations under these GTCS due to causes beyond its control, including but not limited to: natural disaster, acts of authority, war, fire, flood, explosion or insurrection, disruption of computer or telecommunications services, failure of third parties (including failure to provide data) and strikes.
In any event, the provisions of these GTCS shall not imply any limitation of the rights guaranteed by law.
SECTION 12 - RIGHT OF WITHDRAWAL
The User has the right to withdraw from this contract within 15 days from the day on which the User, or a third person appointed by the User, who is not the carrier, has taken possession of the goods, without it being necessary to state the reasons for the withdrawal.
In order to exercise the right of withdrawal, User must inform Milaner by an unequivocal statement of his/her decision to withdraw from the contract by sending an email to concierge@bymilaner.com.
Following the request for withdrawal, the User must return the products to Milaner without delay and, in any case, within 15 days from the day on which he informed us of the withdrawal from the contract, in their original packaging, with the transport document in the original packaging, so as to allow Milaner to identify the User (by order number, name, surname and delivery address).
Upon receipt of the products and their verification by Milaner, the User will be reimbursed for all payments made to Milaner, including any standard delivery charges paid by the User only for users located within the EU and the United States, using the same means of payment as the User used for the initial transaction, unless the User expressly requests otherwise. For all other countries, no shipping costs incurred by the User are reimbursed.
The costs of shipping the goods shall be borne by the User, who shall be liable for any depreciation of the products if, upon verification of the condition, characteristics and operation, it is found to be attributable to improper use by the User. Returns from Users in the EU and the US are handled by Milaner which will send a return label. For the return shipping costs Milaner will retain the amount of $20.00. For all other countries, returns are the responsibility of the customer, who has to organize them autonomously.
All other customized or Milaner Archives items cannot be exchanged or returned.
SECTION 13 - INTELLECTUAL PROPERTY
Milaner is the owner or licensee of all the intellectual and industrial property rights over the distinctive signs "MILANER" and, more generally, over all the distinctive signs used by Milaner on the Site, that is, by way of example only, any text, layout, software, database, source code, trademark, logo, photograph, photographic work, audiovisual material, or any other material in any form present on the Site. Milaner is also the owner or licensee of all intellectual and industrial property rights on its products offered for sale, which are the subject of patents for invention of which Milaner is the exclusive licensee. Subject to the limits of the law, any reproduction not authorized by Milaner is expressly prohibited. Milaner reserves the right to take the widest possible action in the event of unauthorized reproduction and/or use.
SECTION 14 - APPLICABLE LAW AND DISPUTE RESOLUTION
In case of purchases within the European Union, these GTCS and the purchase of products on the Site will be governed by Italian law, excluding the application of the 1980 Vienna Convention on Contracts for the International Sale of Goods. In the event of disputes relating to the contract for the purchase of products or in any case in relation to the purchase procedure on the Site or in relation to these GTCS, the User will always have the right to refer the matter to the Court of his place of residence or domicile.
The User may have recourse to the procedures for out-of-court settlement of disputes, referred to in UE Regulation n. 524/2013. The Online Dispute Resolution platform of the European Commission is available at http://ec.europa.eu/odr.
In case of purchases outside the European Union, these GTC and the purchase of products on the Site shall be governed by State of California (USA) law.
SECTION 15 - SEVERABILITY
If any provision of these GTCS is deemed unlawful, void or for any reason unenforceable, that provision will be deemed severable from these GTCS and will not affect the validity or enforceability of the remaining provisions. The provision that is illegal, invalid or unenforceable for any reason whatsoever will be replaced by a valid provision whose rationale or "economic purpose" comes as close as possible to the provision that is illegal, invalid or unenforceable for any reason whatsoever.
SECTION 16 - PROTECTION OF PERSONAL DATA
Please read the Privacy Policy at the following link https://bymilaner.com/pages/privacy-policy.SECTION 17 - INFORMATION ABOUT THE COMPANY
Rossi & Rei Inc. DBA Milaner
Registered office in 7 Beaver street, San Francisco, California 94114, Stati Uniti, EIN 61-1771279
email: concierge@bymilaner.com.