Online Sales Agreement and any related subdomains

Identification of the Seller

The goods covered by these general conditions are offered for sale by Italian Image Institute with registered office in Via Daniele Manin 5, 20121 Milan (MI), e-mail info@rossellamigliaccio.com, registered with the Chamber of Commerce of Milan Monza Brianza Lodi. 

hereinafter referred to as the "Seller".

1. Definitions

1.1 The term "online sales contract" or "contract" means the contract of sale relating to the tangible movable property of the Seller, entered into between them and the Buyer within the framework of a remote sales system through telematic tools, organized by the Seller.

1.2 The expression "Buyer" means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3 The expression "Seller" means the person as identified above, i.e. the person who sells the goods through the website indicated in the following article.

2. Subject matter of the contract

2.1 With this contract, the Seller sells and the Buyer purchases remotely, through electronic tools, the tangible movable goods presented and offered for sale on the www.rossellamigliaccio.com  website and in other related subdomains.

2.2. The products referred to in the previous point are shown, with a specific and detailed indication of their characteristics, in the dedicated section within the web portal that can be reached at: _ www.rossellamigliaccio.com  in other connected subdomains.

3. Procedure for concluding the contract and acceptance of the general terms and conditions

3.1 The contract between the Seller and the Buyer is concluded exclusively through the Internet in remote telematic mode, through the Buyer's access to the web address www.rossellamigliaccio.com and other connected subdomains, where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the www.rossellamigliaccio.com website it is necessary to have an Internet connection, the costs of which are borne by the Buyer according to the terms established by its connectivity seller.

3.2 These general terms and conditions are valid from the day of conclusion of this contract and may be updated, supplemented or modified at any time by the Seller, who will communicate them through the pages of the www.rossellamigliaccio.com Website and such updates/modifications and/or additions will be effective for future purchases.

3.3 These general terms and conditions of sale must be examined "online" by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.

3.4 Acceptance of the terms and conditions of sale must be expressed by the timely completion of the purchase/registration form by the Buyer – whose personal data are processed in the manner indicated in the Information on the processing of personal data following acceptance of the "Terms and Conditions of Sale" and the sending of the purchase form filled in by the system after the selected products have been placed in the electronic shopping cart. Before the final dispatch of the order, the Buyer will be invited to check the contents of the shopping cart, with a summary of the same in which the details of the sender and the order are reported, the price of the selected goods, any shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, and the acceptance of the order. Once the delivery address has been confirmed, it will not be possible to change it in the appropriate pop-up.

3.5 By confirming the Order by clicking on "Complete order", the Buyer declares that he/she has consciously accepted the content and conditions of the Order in question and, in particular, these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions,  declaring that he/she has read and accepted all the information provided by him/her pursuant to the above-mentioned regulations, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.

3.6 When the Seller receives the order from the Buyer, the Seller will send an e-mail confirming receipt of the order or display a web page confirming and summarizing the order itself, which also contains the data referred to in point 3.4. The confirmation email therefore indicates: the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.

4. Purchase methods and selling prices

4.1 The products, prices and conditions of sale on the Website - within the limits of their availability - do not constitute an offer to the public for the consumer; therefore, they must always be considered indicative and subject to express confirmation by e-mail by the Seller after payment has been made, which constitutes acceptance of the purchase order.

4.2 The prices of the products offered for sale on the www.rossellamigliaccio.com  website  and other related subdomains are indicated in Euros and are the prices in force at the time the Order is placed by the Buyer. The Seller may change the selling prices of the products at any time and without prior notice. Such change will still be notified to the Buyer prior to the submission of any Order.

4.3 The prices of the products are inclusive of VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination location selected by the Buyer when submitting the Order and are displayed in the Order summary prior to the Buyer's request for confirmation of the Order. Please refer to art. 9 of these General Terms and Conditions of Sale.

4.5 The receipt of the order does not bind the Seller until the Seller has sent the email confirming payment with indication of the order number as indicated in point 3.6.

4.6 The Buyer expressly gives the Seller the right to accept, even partially, the order placed (for example, in the event that not all the products ordered are available). In this case, the contract will be deemed to have been concluded in relation to the goods actually sold.

5. Conclusion of the contract

5.1 The Contract entered into through the Website is deemed to be concluded when the Buyer receives, by e-mail, the formal confirmation of the order, with a communication ("Order Processing Confirmation E-mail"). The Contract is concluded at the place where the registered office of the Seller is located.

5.2 The order can no longer be cancelled when, regardless of the payment method, you have clicked "complete order". Once this phase has been completed, it is only possible to proceed with the return once the package has been received in the manner indicated in point 14.

6. Delivery times and methods for purchases made within www.rossellamigliaccio.com  or other related subdomains

6.1 The Seller will deliver the products selected and ordered, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 3.6.

6.2 Shipping times may vary from the day following the day of the order to a maximum of 30 (thirty) days from the confirmation of the same, as required by current legislation. In the event that the Seller is unable, for any reason, to make the shipment within this period, it will promptly notify the Buyer by e-mail sent to the address provided by the latter during the purchase process. Here is the link for information regarding shipping in Italy and European countries: order@rossellamigliaccio.com

6.3 At the time of delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, even in the closing tapes, if present. If the goods received do not correspond to the order placed or if there are no products ordered, the Buyer must report this discrepancy within 5 (five) days of receipt of the package by contacting the Seller directly by filling out the appropriate customer service form (info@rossellamigliaccio.com). The Seller may request appropriate descriptions and evidence to prove the discrepancy (e.g. photographs) and positively verify to the Customer if it detects that the discrepancy is real and not attributable to the Customer. A partial return may also take place only for products shipped in error, as long as they are intact and with the relevant seals. If the Buyer requests the return of the mistakenly sent product and the shipment of the correct product and the correct product is not currently available, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.

6.4 In the event that the delivered goods show any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Seller, who will make the necessary complaints to the shipper, providing for a new shipment once the redelivery of the disputed goods has been received.

6.5 In the event that the Buyer nevertheless decides to accept the goods for delivery, despite the fact that the packaging is seriously damaged and/or tampered with, in order to safeguard its rights, it must challenge the courier for the unsuitability of the packaging, affixing the words "SUBJECT TO CONTROL OF GOODS DUE TO ..." (indicating the reason behind the reservation in question) on the delivery document, a copy of which must be retained, and then proceed to make an immediate report to the Seller.

6.6 If the tracking shows that the goods have been delivered, from that date the Buyer may, within the following ten days, open a report with Customer Care for non-delivery. The Seller will proceed with the appropriate checks with the shipper, if necessary acknowledging to the Buyer either a new shipment or a refund of the amount paid.

7. Prices and Payments

7.1. All the sale prices of the products are indicated at the web address www.rossellamigliaccio.com  or other page available within the website, are expressed in Euros.

7.2 The sales prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is placed by the Buyer and contained in the order summary web page, as well as in the summary e-mail sent following the conclusion of the purchase procedure.

7.3 The Buyer warrants to the Seller that he/she has the necessary authorizations to use the payment method chosen for his/her Order at the time of placing the Order. Payment methods: Credit card / PostePay; Scalapay; PayPal account.

7.4 All Orders are payable in euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Buyer (even in the event of a refund).

7.5 The ownership of the products ordered will remain with the Seller until the full consideration of the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are paid in full by the Buyer. All orders, before being processed, are subjected to genuineness checks directly by the relevant credit card issuers, to protect the customer. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Client will be informed by automatic e-mail communication.

7.6 Communications relating to the payment and the data communicated by the Client at the time it is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

7.7 An optional credit card storage service will be available on the Site for future purchases. This function can be activated by the Customer at the end of the payment of an order: the credit card details will be kept exclusively by the payment system providers and the Seller will not be able to take possession of them in any way. Each time the Customer pays for an order using the "stored card" function, the Seller's system will contact the system of payment system providers providing the amount due and a special code, called an "Alias", which will uniquely match the credit card to the payment. The process will be fully tracked by the payment system providers and it will not be possible for the Seller to trace the original card data in any way. 

8. Product Availability

8.1 The Seller ensures, through the electronic system used, the processing and fulfilment of orders without delay. To this end, it indicates the available and unavailable products in its electronic catalogue with the fastest possible updates, as well as an estimate of how the order will be processed.

8.2 If an order exceeds the quantity available, the goods that are not available at the time of the order will be automatically removed from the shopping cart.

8.3 The Seller's computer system will confirm the registration of the order as soon as possible by forwarding a summary e-mail to the Buyer, pursuant to point 3.6.

9. Seller’s responsabilities 

9.1 The Seller assumes no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances.

9.2 The Seller shall not be held liable to the Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.

9.3 In the event of inefficiencies related to the carrier, the Buyer must send a report to the Seller, who will proceed with the appropriate contacts with the Carrier. In case of loss of the package or other eventualities that cause a non-delivery or incorrect delivery, the Seller, in agreement with the Buyer, will proceed either to the refund or to a new shipment of the order.

9.4 The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, cheques and other means of payment, for the payment of the products purchased, if it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and on the basis of the ordinary diligence required.

10. Warranties and Assistance Arrangements

10.1 The Seller shall be liable for any lack of conformity that occurs within 2 (two) years from the delivery of the goods.

10.2 In any case, unless proven otherwise, it is presumed that the lack of conformity that manifests itself within 1 year from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

10.3 In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. Products that show clear signs of tampering or failures caused by improper use or external agents not attributable to manufacturing defects are not covered by the warranty.

10.4 The request must be sent in writing, through the customer service form to the Seller (info@rossellamigliaccio.com); in the report it is appropriate to describe the defect, also through photographs and videos, as well as indicate the date of discovery of the defect itself. The Seller will reply to the Buyer – if he is willing to comply with the request – or the reasons that prevent him from doing so – within 14 (fourteen) working days of receipt. In the same communication, if the Seller has accepted the Buyer's request, it must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.

11. Seller's Obligations for Defective Products, Proof of Damage and Compensable Damages

11.1 The Seller shall not be held liable for the consequences of a defective product if the defect is due to the conformity of the product with a mandatory legal standard or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

11.2 No compensation will be due if the injured party was aware of the defect in the product and the danger arising from it and nevertheless voluntarily exposed himself to it. In the same way, defects that derive from the bad and/or incorrect use of the purchased goods, external causes (e.g. bumps, falls, etc.), carelessness and improper use are not attributable to the Seller.

11.3 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage, also through descriptions, photographs and means available to the injured party.

12. Obligations of the Buyer

12.1 The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in this contract.

12.2 Once the online purchase procedure has been completed, the Purchaser undertakes to print and store this contract received by e-mail as an attachment to the purchase order confirmation.

12.3 The information contained in this contract has already been viewed and accepted by the Buyer – who acknowledges it – before confirming the purchase, through electronic procedures.

13. Right of withdrawal

13.1 According to the provisions of the Consumer Code, the Buyer may, within 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any guarantee seal or simply opening and/or deteriorating the same external packaging. Here are the instructions: info@rossellamigliaccio.com.

13.2 This is without prejudice to the provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for in Article 59 of the Consumer Code. In particular, the right of withdrawal is excluded for goods sold "to measure" and in the event that the sales service concerns the supply of sealed goods that cannot be returned for reasons of hygiene or health protection and have been opened after delivery (art. 59 letter e) of the Consumer Code. Therefore, the opening of the cosmetic product, with the consequent destruction of the packaging, falls within this case. Please refer to the FAQ for further information: ______________________________________________________

13.3 Pursuant to Article 57, paragraph 1 of the Italian Consumer Code, the costs of return will be borne exclusively by the Purchaser. Until the package is delivered to the Seller, the responsibility and custody of the package lies with the Buyer. Any loss or damage to the same may have consequences on the refund.

13.4 Please also note that parcels sent at the recipient's expense will not be accepted.

13.5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods for the appropriate verification, in any case no later than 30 days from the date of receipt of the return form. 13.6 For orders under € 50.00 we will not be refunded € 4.00 as shipping costs. In addition, if the Order included gadgets and free products, including "free samples", if they are not returned, € 5.00 will be deducted from the refund. 

13.7 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in such a condition that they can be put back on the market (the grounds for exclusion referred to in point 14.2.) are recalled. If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.

13.10 The return of products will not be accepted after the legal deadline established for withdrawal and contractual cancellation.

14. Termination of the contract

14.1 If one Party defaults on any of the obligations set out in this contract, the other Party may request its termination pursuant to Articles 1453 of the Italian Civil Code, without prejudice to the right to compensation for damages.

14.2 Pursuant to Article 1456 of the Italian Civil Code, the party intending to make use of the termination shall notify the counterparty by sending a registered letter with acknowledgement of receipt or certified e-mail (Certified Electronic Mail), indicating the reason; the effects of the termination shall take effect from the date of receipt of the notice of termination resulting from the receipt returned to the terminating Party and the Buyer shall only be entitled to a refund of any amount already paid.

15. Failure to collect the parcel – termination of the contract

15.1 Given that the collection of the product is a specific obligation of the Customer, at the time of entrusting the Order to the selected courier, the Seller will send a specific email with which it will inform the Buyer of the imminent delivery, also through the shipping link. The status of the order placed and the tracking link are always available even by accessing your personal area.

15.2 The courier will make a first delivery attempt on the date indicated by the tracking, in case of non-delivery it will proceed to a second attempt, unless corrections and changes in the address are necessary for which the Buyer must take action.

15.3 Once the second unsuccessful delivery attempt has been made, the package will be in storage with the Courier within the established deadline indicated on the tracking page itself. Depending on the Carrier, the stock can be unblocked either by contacting him directly or by contacting the Seller's Customer Service.

15.4 Once the storage period has expired, the Order will be returned to the Seller and the Seller will inform the Buyer that he may request the shipment again at his expense no later than 5 days from receipt of the notice. This is not the case in the case of a purchase with cash on delivery; in this case, the order, once returned to the Seller, is immediately dismantled.

15.5 If, even in this case, the Order is not claimed, the Seller will communicate that the contract is terminated by law and will proceed with the refund of the amount paid by the Buyer and dismantle the package no later than 30 days from the communication sent; together with the refund, the loyalty points credited will also be eliminated and the discount codes used will not be restored

15.6 If the Seller is unable to refund the price paid due to the incompatibility of the payment method used at the time of purchase with an automatic credit, the Buyer will ask the Buyer to indicate the bank details to which he wishes to receive the refund. If ten days have elapsed without receiving a response, the Seller will issue a voucher equal to the value of the price to be refunded and send it to the Buyer's contact addresses. By issuing the voucher, the Buyer will have nothing further to claim against the Seller.

16. Protection of confidentiality and processing of the Buyer's data

16.1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation referred to in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

16.2 The personal and tax data acquired by the Seller, the data controller, are collected and processed in the forms and in accordance with the methods provided for by the Privacy Policy of the site and by the specific information.

18. Communications and Complaints - Platform

18.1 Written communications addressed to the Seller and any complaints will be considered only if sent to the email address order@rossellamigliaccio.com The Buyer undertakes to indicate in the registration form on the website his/her residence or domicile, the telephone number and the e-mail address to which he/she wishes the Seller's communications to be sent.

18.2 Pursuant to Article 14 of European Regulation 524/2013, the Seller informs the Buyer that in the event of a dispute he may submit a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link https://ec.europa.eu/consumers/odr/. The Seller, however, invites the Buyer to use the order@rossellamigliaccio.com email address  to resolve any type of issue directly.

19. Applicable law and jurisdiction

19.1 This online sales contract is governed by Italian law. Any dispute relating to the interpretation and execution of this contract shall be subject to the jurisdiction of the court of the place where the Purchaser, as a consumer, has his residence.

19.2 If any of the provisions contained in this online sales agreement are held to be invalid, void or unenforceable for any reason, that provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.