Terms and Conditions
Terms and Condition of Sale
- Subject of the On-line Contract and its Definition
By on-line sales contract is meant the remote contract that is the legal transaction of stipulated movable goods and /or services between a supplier, Miaterra, and a client in the sphere of a remote sales system organised by the supplier who, for such a contract, employs remote communication technology called the “Internet”.
All contracts, therefore, will be concluded directly through access by the consumer client to the Internet site corresponding to the address www.miaterra.it, where, following the procedures indicated, the client will be able to conclude the contract for the purchase of goods.
By client is meant the physical person who buys goods and services for reasons not directly referable to the eventual carrying out of a professional activity. Here following are the conditions of sale that will remain effective until they should be changed by the supplier. Eventual alterations to the conditions of sale will be effective from the moment in which they are published on the Internet website www.miaterra.it and they apply to sales carried out from that moment onwards.
- Placing an Order
2.1 To place an order the client must be an adult and contactable through a telephone line.
2.2 It is possible to place an order by filling in the order form available on the website www.miaterra.it, after registering or creating a personal account.
2.3 By transmitting an order the client makes a request to buy chosen goods on the basis of the present Conditions of Use. The supplier is free to accept or decline said request.
2.4 When an order is accepted the supplier will notify the client of this by transmitting an Order Confirmation via email. The Order Confirmation will be effective from the moment that it is sent. When an order is not accepted the supplier will contact the client via email or telephone.
2.5 Although we make every effort to supply the products indicated in the Order Confirmation, it may happen that we cannot supply them because, for example, such articles are no longer in production at that time or because we cannot source the appropriate materials. Or it may happen that the order is not valid due to an error in the price indicated in www.miaterra.it. In the above-mentioned cases, we will endeavour to contact you to inform you of this and propose alternative products that you might buy. In the case that you do not wish to accept our proposals, we will cancel your order for the articles that we cannot supply and the amount relative to them will not be deducted from your account.
- Sales Prices and Purchasing Conditions
Prices are subject to change at any time without notice, as it is subject to market conditions.
All sales prices for products indicated on the Internet site www.miaterra.it, as per public offer in article 1336 c.c., are inclusive of IVA (art. 1, comma 100,Legge 244/2007) and all other duties; all the taxes, duties and the cost of transport is shown on the appropriate page of the site and the client should consult this before confirming an order; should the shipment be abroad, eventual supplementary costs due to duties and taxes under current legislation in the country of destination are the client’s responsibility. The purchase contract is finalised through the correct compilation and the consent of purchase given by agreement on-line.
The client can pay for merchandise that he wishes to order by using the payment methods indicated on-line as he makes his purchase.
- Order Fulfilment and Conditions of Delivery
Miaterra will try to ensure the delivery of products that have been selected and ordered, under the conditions laid down in the preceding article, by courier and/or shippers. In case of absence of the client at the time of delivery, a notice of advice will be left and the client should personally contact the courier or shippers as soon as possible in order to agree a further delivery time, in the knowledge that all additional costs due to the delay of delivery will be the client’s exclusive responsibility. No blame can be attributed to the supplier for late or non delivery due to force majeure or unavoidable accident.
- Product Availability
The client may buy products indicated in the electronic catalogue ( to be found on the site www.miaterra.it ) in quantities existent in the warehouse. Should the order exceed the quantity existent in the warehouse, the information system will accept the order only as far as the products are available.
- The Supplier’s Responsibilities
Miaterra does not assume any responsibility for faulty service due to causes of force majeure such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events that prevent the execution of the order, wholly or in part, in the time agreed by contract. Miaterra will not be responsible to any party for damages, losses and costs undergone following failed execution of the contract for above-mentioned reasons. Likewise, Miaterra is not responsible for the eventual fraudulent or unlawful use on payment of the purchased products made by a third party of credit cards, cheques and other methods of payment. Indeed, at no moment in the purchase procedure is Miaterra able to know the credit card number of the purchaser which, going through a protected connection, is transmitted direct to the banking institute that manages the service. Similarly, Miaterra is not able to check the correct and lawful source of the title of credit given by the client on reception of the merchandise.
- The Purchaser’s Obligations
Once the on-line purchasing procedure is completed, the client undertakes to print and keep the general conditions here laid down, that, moreover, he or she will have consulted and accepted as an obligatory passage of purchase, besides the specifications of the product purchased, so as to entirely satisfy the conditions as per art. 3 and 4 of D.L. n° 185/1999.
7.1 It is severely prohibited to use false and/or invented data in the registration procedure necessary to activate the passage for the execution of this contract and relative communications; personal data and email must be exclusive and real personal data and belonging no third party, nor made up. It is expressly forbidden to effect double registrations for the same person or to enter details of a third party. Miaterra reserves the right to legally prosecute any violation or abuse in the interests and for the protection of all consumers.
Payment may be made exclusively by credit card, and only after the procedure of registration has been carried out. By filling in the registration section on our site you authorize Miaterra to use your credit card details, or those of a substitute credit card given, to debit your account of the total amount of your on-line purchase in favour Miaterra The registration procedure goes through a protected direct link to the “PayPal” who own and manage the payment on-line service, to which Miaterra has no access.
Please bear in mind that you will be charged for your purchases and relative shipment costs only after our confirmation of your order.
Should the client wish to make use of the right of withdrawal, as laid out in point 12 of the present general conditions, the amount to be reimbursed will be credited to the same credit card.
- Subscription and Use of Personal Data
Personal data is required for the purpose of registering the client and activating procedures for the execution of this contract and necessary relative communications; such data is used electronically according to current law and can only be displayed at the request of judicial authorities or other authorities necessitated by law.
Personal data will be communicated to delegates for the execution and completion of the stipulated contract and given out exclusively in the limits of such an end.
The client enjoys the right expressed in art. 13 L. 675/1996, that is: to ask confirmation by letter or fax if Miaterra holds his/her personal data; to know the origin, the reasons and use; to obtain an up-date, to rectify or integrate the data; to ask it to be deleted, altered to an anonymous form or to be blocked in case of unlawful use; to oppose their use for legitimate reasons or in the case of the use of the data to send publicity material, commercial information, market research, direct sales and interactive commercial communications.
Miaterra is responsible for assembling and using clients’ personal data.
www.miaterra.it uses proprietary cookies and third part only to offer their customers personalized services and creates an unique experience for each visitor. Cookies used can be various according to their porpose.
What are Cookies
Cookie are string of small size which sites visited by user, send to his computer, where they were stored and then retransmitted at next visit of same user. During the navigation of a site, you can get on to their terminals even cookies that are sent to Web sites or servers other (so-called “third party“), on which they may reside some elements (such as, for example, images, maps, sounds, links to specific pages in other domains) on the same site that are visiting. It identifies two main categories: cookies “technical” and cookies “profiling“.
a) Technical Cookies
are those used for the sole purpose of “carrying out the transmission of a communication over an electronic communications network, or as strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide the service” (Art. 122, paragraph 1, of the Code for the protection of Personal Data). They are not used for other purposes and are usually installed by the owner or operator of the website. Can be divided into cookies or browsing session, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate for access to restricted areas); analytics cookies, similar to cookies where technicians used directly by the site operator to collect information, in aggregate, the number of users and how they visit the site; cookie functionality, which allow the user browsing function of a set of selected criteria (for example, the language, the products selected for purchase) in order to improve the service rendered to the same.
For the installation of these cookies you are not required the prior consent of the user, while it remains subject to the obligation to provide the information pursuant to art. 13 of the Code regarding the protection of personal data, the operator of the site, if you use only such devices may provide in the manner it deems most appropriate.
b) Profiling Cookies
Cookies profiling are aimed at creating profiles user and are used in order to send advertising messages in line with the preferences shown by the same part of surfing the net. The European and Italian legislation requires the user to be properly informed on the use of the same and express their valid consent.
They refer to Article. 122 of the Code where it provides that “the storage of information in the terminal equipment of a contractor or a user or access to information already stored, are only allowed on condition that the contractor or the user has given consent after It was informed by the simplified procedures referred to in Article 13, paragraph 3 “. (Art. 122, paragraph 1, of the Code for the Protection of Personal Data).
Our cookies allow us, for example, of:
– Store the preferences entered
– Avoid reinserting the same information several times during the visit such as user name and password
– Analyze the use of the services and content provided to optimize the browsing experience and services offered.
c) Third-party cookies for marketing / retargeting
The third-party cookies are used by third-party companies and allow the user to display banner ads on other affiliated websites showing the latest products on the site visuailzzati www.inoxnautica.it. Moreover, while browsing the site www.inoxnautica.it these cookies are used to make display products that may interest you and similar to those seen previously.
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