General Terms of Sale
These general conditions govern the purchase of products made remotely via electronic network through the website www.minyshop.com with registered office in Azzano San Paolo (BG) Via Friuli, 3 VAT number 03754540163
Purchase operations will be regulated by the provisions of Legislative Decree 206/05, while the protection of privacy will be subject to the provisions of Legislative Decree 196/03.
These general conditions are valid from 01/02/2012 and may be updated or modified by MI-NY S.r.L at any time, without prior notice, and will be valid from the date of publication on the website. The consumer undertakes and is obliged, whenever there is a change to these general conditions, to read them and, if deemed appropriate, to print and keep them.
An online sales contract means a distance contract stipulated between a supplier, www.minyshop.com with registered office in Via Friuli, 3 in Azzano San Paolo (BG), VAT number 03754540163, and a customer consumer, within a distance selling system organized by the supplier, which for this contract exclusively uses distance communication technology called the Internet.
A consumer is understood to be a natural person who purchases goods and services for purposes not directly related to any professional activity carried out.
CHAPTER 1 – ACCEPTANCE OF THE TERMS OF SALE
1.1 The conditions set out in the preamble are an integral and essential part of this contract.
1.2 All contracts will be concluded directly by the Customer (businesses and individuals) accessing the Internet site corresponding to the address www.minyshop.com. At this point, the Customer will be able to conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
1.3 These general conditions of sale must be examined online by the customer before completing the purchase procedure. The submission of the order confirmation therefore implies full knowledge and full acceptance of them.
1.4 By electronically sending the confirmation of their purchase order, the customer unconditionally accepts and undertakes to observe, in their relations with www.minyshop.com, the general and payment conditions illustrated below, declaring that they have read and accepted all the information provided by him in accordance with the aforementioned regulations, also acknowledging that www.minyshop.com does not consider itself bound by different conditions unless previously agreed in writing.
CHAPTER 2 – SALE PRICES AND PURCHASE METHODS
2.1 All sales prices of the products displayed and indicated on the website www.minyshop.com, which constitute a public offer pursuant to art. 1336 of the Civil Code, include VAT and any other taxes.
2.2 The total shipping cost to the customer's home is borne by the customer, unless otherwise specified. This cost will, in any case, be made known to the customer before confirming the purchase.
2.3 The purchase contract is completed by correctly filling out the order and giving consent to the purchase expressed through online acceptance after registration.
2.4 The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
CHAPTER 3 – DELIVERY METHODS
3.1 www.minyshop.com will deliver the selected and ordered products to customers, at the address indicated by the customer, in the manner provided for in the previous article, by couriers.
3.2 The purchased goods will be delivered within the terms established by art. 6 of Legislative Decree 206/05. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
3.3 Upon receipt, the customer is required to verify the conformity of the product delivered to him with the order placed; only after such verification, and without prejudice to the right of withdrawal provided for in point no. 7, the customer must sign the delivery documents.
3.4 At the time of delivery of the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancies, this must be reported on the same accompanying document and confirmed, within seven days by fax or registered letter with return receipt, to Mi-ny S.r.L Via Friuli, 3 24052 Azzano San Paolo (Bg) Even if the packaging is intact, the goods must be checked within seven days of receipt. Any hidden anomalies must be reported in writing by fax or registered letter with return receipt. Any report beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
3.5 Home delivery, unless otherwise agreed in writing between the parties, will take place during office hours: from 8.00 to 13.00 and from 14.00 to 18.00, every day, excluding holidays, from Monday to Friday.
3.6 The customer is required to be available during the hours described in point 3.4, in order to avoid any additional charges for failed deliveries by the express courier, charges that otherwise will be borne by the customer himself.
CHAPTER 4 – LIABILITY
4.1 www.minyshop.com assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that totally or partially prevent the execution of the contract within the agreed times.
4.2 www.minyshop.com will not be liable to any party or third parties for damages, losses and costs suffered as a result of the non-execution of the contract for the aforementioned reasons, the consumer being entitled only to the refund of the price paid.
4.3 www.minyshop.com is not responsible for any fraudulent and unlawful use that may be made by third parties of credit cards, checks and other means of payment at the time of payment for the purchased products.
4.4 At no time during the purchase procedure is www.minyshop.com able to know the buyer's credit card number, which is transmitted directly to the bank service provider via a secure connection.
CHAPTER 5 – WARRANTY
5.1 Mi-ny S.r.L guarantees its electronic products for 12 months from the date of delivery against manufacturing defects. Products that are found not to be working during the warranty period will be repaired or replaced free of charge.
CHAPTER 6 – BUYER'S OBLIGATIONS
6.1 The consumer undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these general conditions, which he will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition referred to in articles 3 and 4 of Legislative Decree 206/05.
6.2 These general conditions may be updated or modified at any time by www.minyshop.com, which will provide notification through its website. The consumer undertakes and is obliged, whenever there is a modification of these general conditions, to print and keep them.
6.3 It is strictly forbidden for the buyer to enter false, and/or invented, and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and e-mail must exclusively be their real personal data and not that of third parties, or fictitious data.
6.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. www.minyshop.com reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
6.5 The Customer relieves www.minyshop.com of all responsibility arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer himself being solely responsible for the correct entry of data.
CHAPTER 7 – RIGHT OF WITHDRAWAL AND REFUNDS
7.1 Pursuant to art. 52 of the Consumer Code (Legislative Decree 206/05, as amended by Legislative Decree 21/2014), the customer may exercise the right of withdrawal, returning the goods received and obtaining a refund of the price paid.
7.2 The consumer who for any reason is not satisfied with the purchase made has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from the day of receipt of the purchased goods. A product received that is not intact or is damaged by shipping must be reported no later than 5 days from receipt.
7.3 All costs related to returning the products are borne by the customer, who will arrange for the redelivery of the same to the seller's address by courier or other means. Items must be returned in the same conditions of receipt, with their original packaging and any manuals and/or instruction booklets. The return of goods by other methods is not permitted.
7.4 To exercise the right of withdrawal, the customer must send, within the aforementioned term, a registered letter with return receipt to the following address: MI-NY S.r.L Via Friuli, 3 – 24052 Azzano San Paolo (BG).
Within the same term, an email can be sent to info@minyshop.com, which must be followed within 48 hours by the registered letter with return receipt mentioned above, to confirm the expressed withdrawal. MI-NY S.r.L will refund the amounts paid by the Customer as soon as possible and in any case within 30 days of receiving the communication, withholding the amount relating to shipping costs which will definitively remain the responsibility of the Customer.
In case of a request for cancellation of orders already paid for and not yet shipped, the refund will be equal to the order amount minus the fees of the card issuer used for payment.
7.5 MI-NY S.r.L will accept the returned goods, reserving the right to verify that the products have been returned in their original condition and with their original packaging; only in this case will it proceed with sending the amount paid by the consumer for the purchase of the products.
7.6 Shipping costs incurred for the initial delivery of the product to the customer and for any redelivery to MI-NY S.r.L are not refundable.
7.7 Shipping costs for product exchange (e.g., color change) are entirely borne by the customer (both for return and for new shipment). Product exchange is applicable only to intact and unused goods at the time of return.
7.8 In case of partial return of products related to an order with a total value greater than €59 (and with consequent free shipping), if the recalculated amount is less than this threshold, the refund will be calculated by deducting the standard shipping cost.
7.9 In case of non-collection by the customer after the second delivery attempt made by the courier, where the order is not collected at the depot, MI-NY S.r.L will deduct from the refund the outbound and return shipping costs together with any commissions incurred.
7.10 If the Customer refuses delivery or fails to pick up the shipment, the goods will be returned to the MI-NY S.r.l. headquarters.
In such cases, the shipping costs incurred for the initial shipment and for the subsequent return of the goods to our headquarters, as well as any additional storage or handling fees charged by the carrier, will be borne by the Customer and deducted from any refund amount.
The refund will be issued only after the goods have been returned to the MI-NY S.r.l. headquarters and following verification of the integrity of the products and their packaging, in accordance with the provisions of Article 7.5.
7.11 In case of inability to pick up at a GLS point selected by the customer during the order phase, the order will be returned to the MI-NY headquarters and a refund will be issued, deducting the outbound, return, and storage costs of the shipment.
CHAPTER 8 – AUTHORIZATIONS
8.1 By filling out the appropriate form on the website, the Customer authorizes PayPal to use their credit card, or another card issued in replacement thereof, and to debit their current account in favor of MI-NY for the total amount shown as the cost of the "online" purchase. The entire procedure is carried out through a secure connection directly linked to the banking institution that owns and manages the online payment service.
CHAPTER 9 – CONTRACT TERMINATION
9.1 MI-NY S.r.L has the right to terminate the stipulated contract by simply notifying the customer and indicating the reason; in this case, the customer will only be entitled to the refund of any amount already paid.
9.2 The obligations assumed by the customer as per art. 7 (Buyer's Obligations), as well as the guarantee of successful payment that the customer makes by the means referred to in art. 2, are essential, so that by express agreement, the customer's breach of even one of these obligations will result in the termination of the contract by law pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to Mi-ny S.r.L's right to take legal action for further damages.
CHAPTER 10 – JURISDICTION AND COMPETENT COURT
10.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website www.minyshop.com is subject to Italian jurisdiction; these general conditions refer, for what is not expressly provided therein, to the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree 206/05.
10.2 For any dispute between the parties regarding this contract, the Court of Bergamo will be competent.



