terms-and-conditions - naturalmilaitalia

ITALIAN BEAUTY AND PERFUMES INNOVATIONS TECHNOLOGY, SINCE 1973.

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Mila srl

Via Cottolengo 22/A

Mappano (TO)

10079

Italy

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Terms and conditions

TERMS AND CONDITIONS

General Terms and Conditions of Sale

1. SUBJECT

1.1. The website www.naturalmilaitalia.com, owned by MILA s.r.l., with registered office at Via Cottolengo 22/a, 10072 Mappano (TO), represented by Massimo Marzano MRZMSM66S07L219A, registered with the Chamber of Commerce of Turin, no. REA: TO -790141 of the Business Register, VAT no. 06481140017, (hereinafter also “Mila”) was created for the retail sale of household products, including but not limited to: room diffusers, candles, etc. (hereinafter also the “Products”).

1.2. Below are the general terms and conditions that govern the relationship between the Customers (as defined below) and Mila with regard to the sale of the Products.

2. SCOPE OF APPLICATION

2.1. These general terms and conditions of sale (hereinafter “GTC”) apply to purchases of Products present in Naturalmila's electronic catalog at the time the order is placed and viewable online at the web address www.naturalmilaitalia.com (hereinafter the “Site”). The images accompanying the descriptive sheet of a product are for illustrative purposes only to allow the best perception of the various colors. The images of the Products may not exactly match the actual product, but may differ in color and size, including the accessories shown in the picture.

2.2. These GTC may be modified and/or updated at any time by Mila.

2.3. Any changes and/or additions will be effective from the date of their publication on the Website.

2.4. The customer who accesses the Site to make purchases may be a consumer, meaning: (i) the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out (hereinafter “Consumer Customer”), or a professional, meaning: (ii) the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity (hereinafter “Professional Customer” and, where it is not necessary to distinguish between them within these GTC, also individually the “Customer” and collectively the “Customers”). Before submitting the order, the Customer is required to carefully read these GTC, which have been made available on the Site and can be consulted at any time by the Customer, including through the link contained in the confirmation email of each order, to allow for their reproduction and storage.

3. APPLICABLE REGULATIONS

3.1. The regulations expressly referred to for distance contracts are provided for in Section II of Legislative Decree 6 September 2005, no. 206 (Consumer Code) as amended, and for sales using electronic means by Legislative Decree 9 April 2003, no. 70 as amended.

3.2. The sales contract entered into between the Customer and Mila shall be governed and interpreted in accordance with Italian law.

4. REGISTRATION

4.1. In order to purchase the Products available on the Site – without, however, this procedure implying any purchase obligation for the registrant – each Customer must register on the Naturalmila site by choosing a username and a password and providing the following personal data:

first name, last name/company name;
date of birth.

and at the time of placing an order, the following will also be requested:

nationality;
residence/headquarters address;
telephone number;
shipping address if different from residence/headquarters;
tax code or VAT number.

4.2. The data provided to Mila will be stored at registration, and the processing of said data is subject to privacy regulations, pursuant to and for the purposes of Legislative Decree No. 196/2003 and EU Regulation No. 679/2016 (so-called GDPR); the Customer may modify such data at any time by accessing their profile on the home page.

4.3. The username to access the reserved area of the Site will consist of the email address used for registration.

5. CONCLUSION OF THE CONTRACT

5.1. The sales contract between Mila and the Customer shall be considered concluded upon acceptance of the order by Mila. The acceptance will be sent by Mila to the email address provided by the Customer during registration on the Site.

5.2. This confirmation message will indicate the Date and Time of order execution and an 'Order Number', to be used in any further communication with the Mila staff. The message repeats all the data entered by the Customer, who undertakes to verify its accuracy and promptly communicate any corrections, according to the procedures described in this document.

5.3. In the event of non-acceptance of the order, the Mila staff guarantees prompt communication to the Customer.

5.4. In accordance with Legislative Decree of April 9, 2003, no. 70 containing provisions on electronic commerce, in order to place an order the Customer must:

add a Product to the cart by clicking on the relevant icon near the Product itself;
at the end of the selection of Products added to the cart, to proceed with the purchase the Customer must click on the "Place Order" button;
the Customer must then register, log in with their credentials to the Site or enter their data for a quick purchase without registering on the Site;
the Customer can choose the shipping methods and must accept these GTCs without reservation;
the Customer can then proceed to pay for the Products and delivery costs using the following methods: i) Visa or Mastercard credit cards, VPay Diners Club International, JCB, Maestro circuit debit cards; (ii) Paypal express checkout; iii) cash on delivery or any other methods provided on the Site (as regulated in the following point);
upon completion of the order, the Site will automatically assign a unique number which will be shown on the final summary page of the purchase;
Mila, after verifying payment and actual availability of the Product in case of multiple purchases as provided below in point 6.7, will send the Customer the order confirmation containing the following information: i) order number and date; ii) details of the Product(s), quantity, price; iii) chosen payment method; iv) delivery cost; v) total order amount;
the Customer undertakes to check the accuracy of the data in the order confirmation email and to report any errors to Mila.

5.5. Once the online order has been submitted, the Customer must print, save an electronic copy, or keep these GTC as required by Legislative Decree no. 206/2005.

5.6. By placing an order according to the procedures on the Site, the Customer declares to have read all the information provided during the purchase process, to have understood it, and to fully accept the GTC set forth herein.

5.7. These General Terms and Conditions of Sale constitute an integral part of the sales contract concluded between the Customer and Mila.

5.8. Only products physically available in stock can be ordered on the Site. The integrated functionality for the availability of items in stock is accurate; however, there may be slight delays in communication between the actual stock and the situation reported on the Site. Consequently, the availability of the item in some rare cases may not be guaranteed with certainty. If one or more ordered items are not immediately available for shipping, our staff will, depending on the size of the order and the expected restocking times, choose to proceed with one of the following solutions:

immediately ship the available material and send the missing products as soon as they are available again without any charge for additional shipping costs;
contact the customer, who will choose whether to receive all the material in a single shipment, delaying the order fulfillment, or to remove from the order the products not immediately available.

5.9. In the case of multiple purchases of Products, at the same time, by several Customers, Mila reserves the right to verify, upon receipt of the order, the availability of the Product and, if unavailable, to promptly communicate the non-acceptance of the order placed.

5.10. Adding a Product to the cart does not entail an obligation to complete the purchase of the same. The Customer, as long as they have not completed the procedure for purchasing the Products, may: i) modify the quantity and/or remove the Products already added to the cart; ii) add other Products to the cart.

5.11. Within the "my account" section available in the Customer's reserved area on the Site, it will be possible to view your account information, monitor the status of your order, any return requests, and make delivery requests to multiple addresses.

5.12. The order will be stored in Mila's database for the time necessary to execute it and, in any case, within the terms established by law.

6. PAYMENT METHODS

6.1. Credit card / debit card.
In case of purchase of Products with payment methods such as Visa Credit Cards, VPay, Mastercard Diners Club International, JCB, Maestro-enabled debit cards, at the same time as the conclusion of the online transaction, the reference bank will authorize only the commitment of the amount relating to the purchase made. The amount relating to the goods shipped, even partially, will actually be charged to the Customer's credit card only at the time of shipment of the goods from our warehouse. In case of order cancellation, either by the Customer or in the event of non-acceptance of the same by Mila, our staff will promptly request the cancellation of the transaction and the release of the committed amount. The release times depend exclusively on the banking system and may take up to their natural expiration (24 days from the date of authorization). Once the transaction has been canceled, under no circumstances can Mila be held responsible for any direct or indirect damages caused by delays in the release of the committed amount by the banking system. In the event that the Customer's order is processed after the 23rd day from the date of submission, Mila will in any case charge the Customer's credit card the amount due, even if in advance of the actual delivery of the goods, in order to avoid the expiration of the transaction authorization (24 days). Mila reserves the right to request additional information from the Customer (e.g., landline phone number) or the sending of copies of documents proving ownership of the Card used. In the absence of the requested documentation, Mila reserves the right not to accept the order. At no time during the purchase procedure is Mila able to know the information relating to the buyer's credit card, transmitted via a protected connection directly to the website of the bank managing the transaction. No Mila computer archive will store such data. Under no circumstances can Mila therefore be held responsible for any fraudulent or improper use of credit cards by third parties, at the time of payment for products purchased on www.naturalmila.com.

6.2. Pay Pal In cases of purchasing goods with the PayPal payment method, at the same time as the conclusion of the online transaction, PayPal will immediately charge the amount relating to the purchase made.

7. PRICES

7.1. The sale price of the Products is expressed in Euro and includes VAT and any other tax due at the time of purchase.

7.2. All sales prices of the Products displayed and indicated on the Site constitute a public offer pursuant to art. 1336 of the civil code, subject to price changes by Mila.

7.3. The sale price is considered valid until notification of order acceptance.

7.4. Any discount codes (%, 1+1, 3x2 or other mechanisms), unless otherwise explicitly indicated, should always be considered as non-cumulative.

7.5. Shipping costs and any additional charges (e.g. customs clearance), if applicable, although not included in the purchase price, will be indicated and calculated during the purchase procedure before the order is submitted by the Customer and will also be included on the web page summarizing the completed order.

8. INVOICING

8.1. Each shipped order is accompanied by a detailed Transport Document as required by D.P.R. December 21, 1996 no. 696. The invoice will be issued only if requested at the time of the order by entering your VAT number in the appropriate field. The document can be downloaded from the specific section within your account on the website www.naturalmila.com.
NB: It is not possible to request invoicing for an order that has already been processed.

9. METHODS AND COSTS OF PRODUCT DELIVERY

9.1. Mila will promptly deliver the Products purchased via express courier, exclusively within Italian territory and in countries that are part of the European Union.

9.2. The Products will be delivered within 15 working days from the purchase, unless a different term has been agreed between the parties. The aforementioned delivery times are purely indicative and, although they are usually respected, Mila does not undertake any commitment or guarantee to comply with them.

9.3. In no case, therefore, can Mila be held liable for direct and/or indirect damages due to delayed delivery.

9.4. Delivery takes place from Monday to Friday during normal working hours (9am-6pm).

9.5. Mila assumes no responsibility for disruptions attributable to force majeure in the event that it is unable to execute the order within the timeframes specified in the contract.

9.6. At the time of delivery of the Products by the courier, the Customer must check that:

the number of packages delivered matches what is indicated in the accompanying document;
the Products indicated on the packaging correspond to what is actually indicated on the invoice/receipt;
the packaging is intact, not damaged or otherwise altered, including the sealing materials (adhesive tape or strapping).

9.7. The Customer acknowledges that collecting the Product is a specific obligation arising from the purchase contract. In the event of non-delivery due to the recipient's absence at the address specified in the order, the goods will be held in storage after 3 delivery attempts. The Customer will be left a "notice" of failed delivery. After 10 days of storage, the goods will be returned to the sender. If the Product is not collected within five working days from the first delivery attempt, Mila may invoke the automatic termination of the contract pursuant to art. 1456 of the Civil Code. Once the contract is terminated, any amount paid by the Customer will be refunded, minus the costs of the unsuccessful delivery and the return shipping costs.

9.8. Any damage to the packaging and/or the Product or any discrepancy in the number of packages or the information provided must be immediately reported by the Customer on the delivery document.

9.9. In any case, no liability can be attributed to Mila in the event of a delay in processing the order or in the delivery of the ordered goods.

9.10. Delivery costs, which will depend on the destination, weight, and volume of the Products, are borne by the Customer and are clearly stated at the time the order is placed. Payment for the goods by the Customer will be made using the method chosen at the time of the order. Nothing more is due from the Customer beyond the total amount of the order shown at the end of the purchase procedure.

9.11. Delivery costs, unless otherwise specified by exclusive Mila promotions, are always to be borne by the Customer. Mila undertakes to keep the shipping costs updated and to publish them on the SHIPPING page

10. RIGHT OF WITHDRAWAL

10.1. Pursuant to and within the limits set forth in Article 52 of the Consumer Code, the Consumer Customer has the right, within 14 calendar days from receipt of the purchased Products, to exercise the right of withdrawal, consisting of the possibility to return the received Products and obtain a refund of the price paid, without penalty and without having to provide any reason.

10.2. The aforementioned period starts from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Product or:

in the case of multiple Products ordered by the Consumer Customer with a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
in the case of delivery of a good consisting of lots or multiple pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.

10.3. This right, however, cannot be exercised:

in the case of purchases under 50 euros (unless the total amount that the Consumer Customer must pay, regardless of the amount of the individual contracts, exceeds 50 euros);
in the case of supply of goods made to measure or clearly personalized;
in the case of supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
in the case of supply of goods which, after delivery, are by their nature inseparably mixed with other goods.

10.4. The Customer who decides to exercise the right of withdrawal must send a written communication to Mila by registered letter with return receipt to the address of Mila srl, in Mappano, 10072 Via Cottolengo 22/a, or by certified email (PEC), and may anticipate such communication by email to info@naturalmila.com, which will not replace the registered letter.

10.5. Mila, following the withdrawal of the Consumer Customer, within 24/48 hours from the receipt of the notice of exercise of withdrawal, must communicate to the Consumer Customer by e-mail a confirmation of receipt of their intention to withdraw.

10.6. By law, the shipping costs for returning the Products are to be borne by the Consumer Customer, and the products must be sent to the following address: MILA Srl - Via Cottolengo, 22/A - 10072 Mappano (TO) – Italy, within fourteen days from the date on which the Consumer Customer notified Mila of their decision to withdraw from the contract (the deadline is met if the Consumer Customer sends back the goods before the fourteen-day period has expired).

10.7. In case of damage to the goods during transport, Mila will inform the Customer of the incident (within the 5th day from receipt of the goods in its warehouses), to allow them to promptly file a complaint against the courier they chose and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, simultaneously canceling the withdrawal request.

10.8. Mila is in no way liable for damage or theft/loss of goods returned with uninsured shipments; upon arrival at the warehouse, the Product will be examined to assess any damage or tampering not resulting from transport. If the returned product is found to be damaged, Mila will withhold a percentage from the refund due as a contribution to restoration costs.

10.9. Mila must also reimburse all expenses incurred by the Consumer Customer (purchase of the Product and original delivery of the same; obviously excluding those for the return) within 14 days from the communication of the right of withdrawal, and in any case after receiving the returned Product, by Bank Transfer or PayPal. It is the Customer's responsibility to promptly provide the bank details on which to receive the refund (name, surname, account holder, IBAN code).

10.10. The right of withdrawal is in any case subject to the following conditions:

Mila Products are sold in special packaging; such packaging is considered an integral part of the Products. Therefore, for the proper exercise of the right of withdrawal by the Customer, the purchased Product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging).
the return, until receipt is confirmed by Mila, is under the complete responsibility of the Customer;
Mila is in no way responsible for damage, theft, or loss of returned Products;
upon arrival at the above-mentioned return address, the Product will be examined to assess any damage or tampering not resulting from transport.

10.11. The Consumer Customer will forfeit the right of withdrawal due to the lack of the essential condition of integrity of the Products (packaging and/or its contents), in cases where Mila ascertains:

the lack or damage of the external packaging;
the lack or damage of the original internal packaging;
the absence of integral elements of the Product (accessories, parts);
damage to the Product for reasons other than transport.

10.12. In the event of forfeiture of the right of withdrawal, Mila will return the purchased Product to the Consumer Customer, charging the shipping costs to the latter and no refund of the price paid will be made.

10.13. It should be noted that the right of withdrawal as regulated in this clause is reserved only for Consumer Customers; there is no right of withdrawal for Professional Customers.

10.14. In case communication is needed regarding returns and complaints, you can send an email to info@naturalmila.com or call +39 0119980081.

11. WARRANTIES

11.1. In the event of a lack of conformity, that is, delivery of a good that has flaws or defects or is different from what is specified in the sales contract, meaning unsuitable for the use normally intended for goods of the same type, different from the description published on the website or lacking the promised qualities, the provisions regarding Legal Warranty set out in Articles 128 and following of Legislative Decree 205/2006 (Consumer Code) shall apply.

11.2. Any faults or malfunctions caused by accidental events or by the Customer's responsibility, or by use of the Product not in accordance with its intended purpose and/or with the provisions of the technical documentation attached to the Product, are excluded from the scope of the legal warranty.

11.3. Mila is liable when the lack of conformity appears within two years from the delivery of the Product, unless a conventional warranty is provided beyond this period.

11.4. The Consumer Customer is required to report the flaw or defect to Mila within two months of its discovery (unless Mila has acknowledged or concealed the existence of the defect).

11.5. The action aimed at asserting defects not fraudulently concealed by the seller is subject to a limitation period of twenty-six months from the delivery of the goods (however, the Consumer Customer who is sued for the performance of the contract may always assert the rights referred to in this article provided that the lack of conformity has been reported within two months of discovery and before the expiry of two years from delivery).

11.6. In the event of a lack of conformity, the Consumer may request, at no cost (including shipping costs), restoration by repair or replacement, at their choice, unless one remedy is objectively impossible or excessively expensive compared to the other.

11.7. The above remedy is to be considered excessively burdensome if it imposes unreasonable expenses on Mila compared to the other, taking into account: a) the value that the Product would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be implemented without significant inconvenience to the Consumer Customer.

11.8. Replacements will be carried out within a reasonable period from the request and must not cause significant inconvenience to the Consumer Customer, taking into account the nature of the Product and the purpose for which it was purchased.

11.9. The Consumer may request, at their choice, an appropriate reduction of the price or the termination of the contract if one of the following situations occurs:

replacement is impossible or excessively burdensome;
Mila has not provided for the replacement within a reasonable period;
the replacement previously carried out has caused significant inconvenience to the Consumer Customer.

11.10. After reporting the lack of conformity, the seller may offer the Consumer Customer any other available remedy, with the following effects:
i) if the Consumer Customer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the commencement of the appropriate period for repairs or replacements, unless the Consumer Customer accepts the alternative remedy proposed;
ii) if the Consumer Customer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.

11.11. A minor lack of conformity, for which it has not been possible or is excessively burdensome to pursue the remedy of replacement, does not give the right to terminate the contract.

11.12. The legal warranty is limited to purchases made by Consumer Customers. As regards Professional Customers, the provisions of the Civil Code in articles 1490 et seq. apply.

12. COMPLAINTS

12.1. Any complaints must be addressed to: Mila s.r.l. – Via Cottolengo 22/a, 10072 Mappano – Italy.

12.2. Complaints made via email or the website contact form are not accepted or considered valid.

12.3. For any problem or anomaly encountered, before proceeding with a complaint, the Customer is invited to contact the Mila staff through the appropriate section on the website. In almost all cases, any problem is resolved within a few hours.

13. PROCESSING OF PERSONAL DATA

Customer data is processed by Mila in accordance with the provisions of the regulations on the protection of personal data pursuant to and for the purposes of Legislative Decree no. 196/2003 and EU Regulation no. 679/2016, as specified in the information provided on the Site.

14. COPYRIGHT

All content on www.naturalmilaitalia.com, including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright law and trademark protection law (Law of April 22, 1941 No. 633 and subsequent amendments, Royal Decree No. 929 of June 21, 1942 and subsequent amendments) and are covered by copyright. The site www.naturalmilaitalia.com may also contain images, documents, logos, and trademarks of third parties who have expressly authorized Mila S.r.l. for publication. The reproduction, even partial, of content, texts, documents, trademarks, logos, images, graphics, is prohibited. Any abuse will be prosecuted according to current laws.

15. COMPETENT COURT

15.1. Any dispute relating to the application, execution, interpretation, and violation of purchase contracts concluded online through the Site is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Consumer Customer and, in any case, the jurisdiction of the Italian State shall apply.

15.2. Any dispute relating to the application, execution, interpretation, and violation of purchase contracts concluded online through the Site with a Professional Customer shall instead be subject to the exclusive jurisdiction of the Court of Turin.

16. FINAL NOTES

Mila believes in the quality of its products and strives to offer the best quality ingredients on the market. With that said, please note the following:

make sure you are not allergic to any of the ingredients in the products before use;
Mila cannot be held responsible for any reactions to the ingredients of the products sold;