terms and conditions

Effective from 31 August 2020 on the "La Scarpa" e-commerce platform, owned by Mintea Srl

1. Scope and conclusion of the contract
1.1 These General Conditions of Sale govern the offer and online sale of the products and / or services specifically indicated by Mintea Srl, through the “La Scarpa” website, hereinafter referred to as "Products".
1.2 The sale of the Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.3 These Conditions of Sale apply to all sales of Products made by Mintea Srl through the Site and do not apply to the sale of products and / or services by Third Party Sellers reached through links from the La Scarpa site. They can be changed at any time. Any changes will be effective from the moment of their publication on the Site in the '' Conditions of sale '' section, present in the footer of each page of the Site. Users are therefore invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the Conditions of Sale.
1.4 The applicable Sales Conditions are those in force on the date of transmission of the purchase order for a Product. 1.5 Before proceeding with the purchase of Products through the Site, the user is required to carefully read these General Conditions of Sale, which Mintea Srl makes available to him in the "Conditions of Sale" section of the Site and of which he is storage and reproduction are permitted, as well as all other information that Mintea Srl provides on the Site both before and during the purchase procedure.
1.6 These Conditions of Sale do not regulate the sale of products by parties other than Mintea Srl that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. Mintea Srl is not responsible for the provision of services and / or for the sale of products by such subjects. On the websites that can be consulted through these links, Mintea Srl does not carry out any checks and / or monitoring. Mintea Srl is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

2. Purchases on the Site
2.1 The purchase of Products through the Site can only take place after registering on the Site in the manner referred to in art. 3 below and is allowed both to users who have the quality of consumers and to users who do not have this quality. Individuals are allowed to purchase only on condition that they are over 18 years of age.
2.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that the consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
2.3 In the case of orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made, Mintea Srl reserves the right to take all necessary actions to stop the irregularities, including the suspension of the '' access to the Site, the cancellation of registration on the Site or the non-acceptance or cancellation of irregular orders.
2.4 Mintea Srl finally reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and / or the conditions and / or terms of the purchase contract with Mintea Srl; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent Mintea Srl the documents requested by the same in the context of the procedure referred to in art. 9.1.3 and 9.1.4 below or that they have sent you invalid documents.

3. Registration on the Site
3.1 Registration on the Site is free. To register on the Site, the user must fill in the appropriate form, entering name, surname, e-mail address and a password and click on the '' Continue '' button. In the event that registration takes place during the purchase process, the insertion of the address, telephone number and tax code will also be required. Registering on the Site allows the user to carry out the following activities through a private and personal area, among others:
• follow the status of orders;
• consult your order history;
• access after-sales assistance services;
• manage their personal data and modify them at any time;
• add or modify the saved credit card (s) or delete the memorization of the same (s);
• take advantage of the dedicated services that can be activated from time to time by Mintea Srl.
3.3 The registration credentials (e-mail address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no third party has access to them and to immediately inform Mintea Srl, by contacting it at the numbers referred to in art. 14 below, in the event that you suspect or become aware of an improper use or undue disclosure of the same. Each user is allowed to register on the Site only once. It is forbidden for the same user to make multiple registrations. In the event that Mintea Srl should detect that the same user has made multiple registrations on the Site, Mintea Srl reserves the right to proceed, immediately and without prior notice, to block the relative account.
3.4 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold Mintea Srl harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way linked to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.

4. Information aimed at the conclusion of the contract
4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Mintea Srl informs the user that:
1. to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to Mintea Srl, electronically, following the instructions that will appear from time to time on the Site;
2. the contract is concluded when the order form reaches the Mintea Srl server;
3. before proceeding with the transmission of the order form, the user can identify and correct any errors in entering data by following the instructions on the Site at the various stages of the purchase;
4. the order form will be filed in the Mintea Srl database for the time necessary to execute it and, in any case, within the terms of the law. The user can access the order form and / or the data relating to it through his personal account.
4.2 The language available to users for the conclusion of the contract and for the related assistance is Italian.

5. Availability of Products
5.1 The Products that can be purchased from Mintea Srl through the Site are the items present in the electronic catalog published on the "La Scarpa" Site at the time the order is placed. 5.2 Each Product is accompanied by an information page that illustrates its main characteristics ('' Product Page ''). By completing the purchase process, the customer then immediately proceeds to purchase the product, according to the methods indicated on the Site.
5.3 The availability of the Available Products is monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be, for a short period of time, available, being instead out of stock or not immediately available, it being necessary for the same to obtain restocking.
5.4 If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the code civil, Mintea Srl will immediately notify the user by e-mail ("Unavailability Notice E-mail"). The user can, therefore, immediately terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code, without prejudice to your right to compensation for damage, or alternatively and without prejudice to this right, accept one of the following proposals from Mintea Srl:
(i) if a restocking of the Product is possible, an extension of the delivery terms, with indication of the new delivery term of the restocked Product;
(ii) if a restocking of the Product is not possible, the supply of a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon the express acceptance of the user.
The Unavailability Notice e-mail will also contain an indication of the various choice options available to the user. The user's choice must be communicated to Mintea Srl by e-mail, at the address indicated in art. 15 below, within the term indicated in the Unavailability Notice E-mail, which may be different, also due to the type of Product, but which, in any case, cannot exceed 30 calendar days from the sending of the order, unless otherwise agreed between Mintea Srl and the user by e-mail.
5.5 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in the event that the user, warned of the unexpected unavailability and of the different choice options, pursuant to art. 5.4 above, do not communicate any choice to Mintea Srl within the deadline set in the Unavailability Notice E-mail or in the other agreed deadline, pursuant to art. 5.4 above, and the payment of the total amount due, consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order ("Total Amount Due") has already occurred , Mintea Srl without prejudice to the user's right to compensation for damage, will reimburse the Total Amount Due without undue delay and, in any case, within 14 working days from the day of termination of the contract or, respectively, from the day following the expiry of the term indicated in the Unavailability Notice E-Mail or in the other agreed term. The refund amount will be communicated to the user via e-mail. In the case of payment by PayPal, this amount will be credited to the same payment method used by the user for the purchase. In the case of payment by credit card, within the same term indicated above Mintea Srl will proceed with the cancellation of the Payment Authorization, as per art. 9.1.1 below, and upon the release of the Total Amount Due subject of this authorization, it being understood that this release will occur, in any case, automatically, upon expiry of the Payment Authorization pursuant to art. 9.1.1. following. Any delays in crediting or release may depend on the bank, the type of credit card or the payment solution used. In other cases, Mintea Srl will ask the user to provide, by e-mail, the bank details necessary for the refund. 5.6 In the case of orders relating to a plurality of Products (`` Multiple Order ''), if the unavailability concerns only some of the Products subject to the Multiple Order - without prejudice to the rights attributed to the user by law, and, in in particular, from Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of Articles 5.4 and 5.5 above, if the unavailability concerns all the Products object of the order - Mintea Srl will immediately notify the user via the Unavailability Notice E-mail. The user may, therefore, immediately terminate the contract, limited to the Product and / or Products that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code, without prejudice to your right to compensation for damage, or alternatively and without prejudice to this right, accept one of the following proposals from Mintea Srl:
(i) if it is possible a restocking of the Products covered by the Multiple Order that have become unavailable, an extension of the delivery terms relating to these Products, with indication of the new delivery term of the same;
(ii) if it is not possible to restock the Product and / or the Products that have become unavailable, the supply, in replacement of the Products covered by the Multiple Order that have become unavailable, of different products, of equivalent or greater value, upon payment , in the latter case, of the difference and subject to the express acceptance of the user.
The Unavailability Notification E-mail will also contain an indication of the various choice options available to the user. The user's choice must be communicated to Mintea Srl by e-mail, at the address indicated in art. 15 below, within the term indicated in the Unavailability Notice E-mail, which may be different, also due to the type of Product, but which, in any case, cannot exceed 30 calendar days from the sending of the order, unless otherwise agreed between Mintea Srl and the user by e-mail.
5.7 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the purchase contract concerning the Product and / or Products that have become unavailable will be partially terminated, limited to such Product / s, with consequent return, if it has already been paid, of the 'amount due in relation to these Products, including delivery costs, calculated as indicated in art. 10.3 below, and any other additional costs due in relation specific to such Products ("Partial Amount Due"); the resolution of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products object of the Multiple Order which have become unavailable compared to the other Products object of the Multiple Order available. The Partial Amount Due in relation to the Product (s) that has become unavailable, will be reimbursed to the user without undue delay and, in any case, within 14 working days from the day of termination of the contract. In the event that the user, notified of the supervening unavailability and of the different choice options, pursuant to art. 5.4 above, do not communicate any choice to Mintea Srl within the deadline set in the Unavailability Notice E-mail or in the other agreed deadline, pursuant to art. 5.6 above, Mintea Srl, without prejudice to the user's right to compensation for damage, will reimburse the Partial Amount Due without undue delay and, in any case, within 14 working days from the day following the expiry of the term indicated in the Unavailability Notice E-Mail or in the other agreed term. The refund amount will be communicated to the user via e-mail. In the case of payment by PayPal, this amount will be credited to the same payment method used by the user for the purchase. In the case of payment by credit card, within the same term indicated above Mintea Srl will proceed with the cancellation of the Payment Authorization, as per art. 9.1.1 below, limited to the Partial Amount Due and to the release of this amount or, if this is not allowed by banking procedures, to the debit of the entire Total Amount Due at the time of shipment and to the simultaneous reimbursement of the Partial Amount Due on the same payment method used by the user for the initial transaction, it being understood that the release will occur, in any case, automatically, upon expiry of the Payment Authorization pursuant to art. 9.1.1. following. Any delays in crediting or release may depend on the bank, the type of credit card or the payment solution used. In other cases, Mintea Srl will ask the user to provide, by e-mail, the bank details necessary for the refund. The termination of the purchase agreement pursuant to the preceding articles involves the termination of the credit agreement that may be connected and of any other accessory agreement.

6. Product Information
6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

7. Prices
7.1 All the prices of the Products published on the Site are in Euros and are inclusive of VAT. Delivery costs, which may vary in relation to the chosen delivery method and / or in relation to the payment method used, will be specifically indicated (in Euros and inclusive of VAT) during the purchase process, before the user is bound from the contract, in the order summary and in the order confirmation e-mail.
7.2 Mintea Srl reserves the right to change the price of the Products at any time and also, possibly, several times during the same day. It is understood that the price of the Product that will be charged to the user will be that indicated in the order summary, displayed by the user before placing the order, and that any changes (increase or decrease) subsequent to the transmission of the order itself.
7.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate (i) the full reference price against which the discount is calculated and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same.

8. Purchase Orders
8.1 The purchase contract is definitively conditional on the non-payment of the Total Amount Due or, in the case of payment by credit card, on the failure of the Payment Authorization, pursuant to art. 9.1.1 below. In the event that this payment does not take place or the Payment Authorization, pursuant to art. 9.1.1 below, is not successful, the contract will therefore be considered terminated by law. The user will be immediately notified of this resolution and the consequent cancellation of the order: -mail; (ii) by e-mail, if the user has chosen one of the other payment methods made available by Mintea Srl, including PayPal.
8.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to Mintea Srl, on the other hand, will be transferred to the user when the user or a third party designated by him and other than the carrier, materially comes into possession of the Products.
8.3 The user may cancel his order before having received the Shipping Confirmation (as defined in art. 9.1.1), provided that the order has not been prepared for the shipping process. In this case the user will not be charged any costs. In any case, the right of withdrawal is subject to the terms and conditions set out in the following art. 11. 8.4 In order to send an order for a Product through the Site, it is necessary to carefully read and examine these GCS.

9. Methods of payment
9.0 Payment for Products purchased through the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and / or the method of delivery or shipment. In the event that one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Site at the latest at the beginning of the purchase process. The payment methods not available will in any case not be selectable by the user during the appropriate step ("Choose payment and continue") of the purchase process.

9.1 Credit card
9.1.1 The payment of the Products purchased on the Site can be made by credit card directly through the Site. Mintea Srl The accepted credit cards are, in any case, indicated in the footer of each page of the Site. The Total Amount Due will be immediately reserved on the card but will not be charged until the shipment of the Products (the "Shipping Confirmation"). Mintea Srl reserves the right to verify the validity of the credit or debit card, the credit status in relation to the value of the order and the correctness of the buyer's address (the Payment Authorization "). Payment Authorization is not a charge. Some banks show Payment Authorizations as "pending charges". For more information regarding the authorization procedures and the release times for blocked funds, please contact your bank directly.
Your credit card payment authorization may fail on the first attempt. In this case, Mintea Srl will notify the user via the Site and via email.
In the event of a first order and / or changes to the order in progress, it is possible that Mintea Srl may request a payment authorization of EUR 1.00.
Mintea Srl may refuse the order based on the results of these checks.
9.1.2 By selecting the "Save your credit card for future purchases" box on the "Make payment" page of the purchase process or by accessing the "Saved credit cards" section of your personal account, the user can authorize the storage of the data of one or more credit cards and their reuse for the payment of subsequent purchases on the Site, thus avoiding the need to enter credit card data at each purchase. The user can, at any time, revoke the authorization to reuse credit card data for subsequent purchases, by accessing the "Saved credit cards" section of his personal account and deleting the cards already saved or, during the procedure purchase, by clicking on the "Edit" button that appears next to the stored credit cards.
9.1.3 In order to guarantee the security of payments made on the Site and prevent any fraud, Mintea Srl reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of their identity card and in the event that the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The deadline by which the document must reach Mintea Srl will be specified in the e-mail request. In any case, this deadline will not exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.1.4 In the event that Mintea Srl does not receive these documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 cc, and the order consequently canceled, without prejudice to the right of Mintea Srl to compensation for any damage it may incur due to non-compliant user behavior. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Mintea Srl, will result in the cancellation of the order with consequent refund of the 'Total Amount Due, if paid, by re-credit on the same payment method used. In the event of timely receipt by Mintea Srl of the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of such documentation.
9.1.5 Mintea Srl uses the secure payment service of the Cooperative Credit Bank of Catanzaro (BCC del Catanzarese) which requires the use of the SSL security protocol. The confidential data of the credit card (card number, holder expiry date, security code) are encrypted and thus transmitted to the payment manager.
9.2 Cash on Delivery
9.2.1 Mintea Srl does not allow purchases on the Site by cash on delivery.
9.3 PayPal
9.3.1 Without prejudice to the provisions of art. 9.02 above, the payment of the Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed by the user. with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Mintea Srl. Mintea Srl is therefore unable to know and does not store in any way the data of the credit card connected to the PayPal account of the 'user or the data of any other payment instrument connected with this account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the reimbursement amount will be credited to the user's PayPal account. The re-credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Mintea Srl cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact directly to PayPal.
9.4 Bank transfer
9.4.1 Without prejudice to the provisions of art. 9.02 above, the payment of the Products purchased on the Site can be made by bank transfer. The bank details for making the transfer will be indicated on the "Payments" page accessible via the appropriate link from the footer of each page of the Site and in the order confirmation e-mail. 9.4.2 Payment for the Products by bank transfer must be made no later than 7 calendar days from the date of the order. After this deadline has elapsed, the contract may be considered terminated by law, with consequent reimbursement of the Total Amount Due possibly paid late. The termination of the contract will be communicated to the user via e-mail and the amount paid will be returned in the manner referred to in art. 5.5, as applicable.
9.4.3 In the case of payment by bank transfer, the shipment of the Products will be made only after Mintea Srl has received the transfer. Consequently, the delivery terms of the Products will run from that date. 9.4.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate the order number in the purpose of the bank transfer.

10. Methods, costs and terms of delivery
10.1 The deliveries of the Products are made in the Italian territory and in the Republic of San Marino. The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the user.
10.2 At the time of shipment, an e-mail will be sent to the user which will also contain the link containing the tracking number through which the user can check the status of the shipment.
10.3 With the exception of any promotional campaigns advertised on the site, delivery is subject to a fee and, unless otherwise specified, delivery costs are borne by the user.
10.4 In the summary of the order and, therefore, before the user proceeds with the transmission of the same, the total price of the order will be indicated, with separate indication of the delivery costs and any other possible additional expense. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount due by the user in relation to the Product. For each sale made on the Site, Mintea Srl will issue the prescribed fiscal document. For the eventual issuance of the invoice, at the request of the user, the information provided by the same at the time of the transmission of the order through the Site and that the user guarantees to be true. No change in the invoice will be possible after its issue. The user undertakes to hold Mintea Srl harmless and indemnified from any damage it may derive, including any penalties, in the event that the data provided by the user through the Site for the issue of the invoice are not true.
10.5 The delivery of the Products purchased on the Site will be made to the postal address specified by the user in the order form completed during the purchase process. The Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the order form. The Home Delivery of the Product is intended on the street level, unless otherwise indicated.
10.6 The user acknowledges that the withdrawal of the Product is his specific obligation. If the Home Delivery method chosen by the user does not provide for delivery at an agreed time, in the event of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called passage notice). The notice will also contain the contact details at which the user can contact him to arrange the return or to collect the package. After the failed delivery attempt, the package will go into storage with the courier. The user is required to collect the package within 3 calendar days starting from the second day following the one on which the Pass Notice was left. In the event that the user does not collect the Product within this period, the purchase contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 cc Mintea Srl will therefore proceed, within 15 working days following the termination of the contract, to reimburse the Total Amount Due, if already paid by the user, less the costs of the Home Delivery not successful, the expenses of storage, the costs of returning to Mintea Srl and any other expenses incurred due to non-delivery due to the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, Mintea Srl will ask the user to provide, by e-mail, the bank details necessary for the refund.
10.6.1 The user is required to report any particular characteristics relating to the place of delivery of the Product and / or its location, by inserting a note to the order, in the space made available to him at the end of the purchase process and before sending the order. In the event that he does not provide such information or provides incorrect information, any additional costs that Mintea Srl must bear to complete the delivery of the Product will be at his expense.
10.9 Provisions on delivery
10.9.1 During the purchase process, before the user transmits the order, the terms within which Mintea Srl undertakes to deliver the Products object of the user's order and which take into account, as well as the area, will be indicated and the delivery method, including the possibility that the user purchases multiple Products with the same order. The delivery terms start from the conclusion of the contract, unless otherwise indicated. The delivery term of the specific order will also be indicated in the order confirmation. In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract.
10.9.2 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Mintea Srl to make the delivery within an additional deadline appropriate to the circumstances ("Additional Deadline pursuant to art. 61, paragraph III, Consumer Code"). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract ("Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damage. The user is not burdened with the burden of granting Mintea Srl the Supplementary Term pursuant to art. 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) Mintea Srl has expressly refused to deliver the Products;
b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed Mintea Srl, before the conclusion of the contract, that delivery by or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damage ('' Contract in Excluded Cases '').
The indication of the Supplementary Term pursuant to art. 61, paragraph III, Consumer Code and the notice of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated by the user to Mintea Srl at the addresses referred to in art. 15 below.
In the event of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in the Excluded Cases, Mintea Srl will refund the user the Total Amount Due without undue delay. The reimbursement will take place in the manner set out in art. 10.9.6 below.
In any case, Mintea Srl undertakes to notify the user, promptly and by e-mail, of the delay in delivery (`` Delay Notice E-mail ''), at the same time indicating the new delivery deadline, if available. ('' New Delivery Term '') and, in the event that the user does not proceed with setting the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of these remedies and / or the ordinary means of protection made available by law and, in particular , from Chapter XIV of Title II of Book IV of the civil code, Mintea Srl undertakes, in any case, to:
(i) in case of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Term, reimburse the user who requests them the delivery costs, if already paid, within 10 working days from the expiry of the New Delivery Term or not to request payment, to the user who requests to do so, if you have not yet paid; (ii) in case of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user who requests it to refuse delivery and to terminate the contract, with consequent reimbursement of the Total Amount Due , if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not want to terminate the contract, reimburse the user who requests them the delivery costs, if already paid, within ten working days of the request or not request payment from the user who requests to do so, if not yet paid;
(iii) in the event of a delay in delivery exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer to the user who requests it, in addition to the provisions from art. 10.10.2 (ii) above, the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and with the express consent of the user.
10.9.3 In the event of failure to send the Delay Notice E-mail or failure to set the New Delivery Term in the same, all the terms referred to in art. 10.9.2 (i), (ii) and (iii) will run from the original delivery term.
10.9.5 The acceptance of the New Delivery Term, in the cases referred to in art. 10.9.2 must be promptly communicated to Mintea Srl by e-mail to the address indicated in art. 14 below.
10.9.6 In all cases referred to in art. 10.9.2 above where a refund is due to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same payment method used by the user for the purchase, in the case of payment by credit card or PayPal. In other cases, Mintea Srl will ask the user for the bank details necessary for the refund. Any delays may depend on the bank or the type of credit card used.
10.9.7 It is up to the user to check the conditions of the Product that has been delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Mintea Srl, is transferred to the user, when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, recommends the user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps) and is invited, in his interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
10.9.8 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that these subjects place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 cc The termination of the contract will be communicated to the customer via e-mail.

11. Right of withdrawal from the purchase of Products
11.1 Without prejudice to the provisions of art. 11-bis.1 below, pursuant to articles 52 et seq. of the Consumer Code, the user who plays the role of consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reasons and without having to incur costs other than those provided for in Articles. 11.5 and 11.9 below, within the term of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days *:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece ; 11.2 To exercise the right of withdrawal, the user must inform Mintea Srl, before the expiry of the Withdrawal Period of his decision to withdraw.
11.3 In order to exercise the right of withdrawal, the user can submit any explicit declaration of his decision to withdraw from the contract ("Declaration of Withdrawal").
11.3.1 The Withdrawal Type Form or the Withdrawal Declaration must be sent to the following address: info@mintea.it 11.3.2 In all cases of exercising the right of withdrawal, regardless of the modality thereof, Mintea Srl will send to the user an e-mail confirming receipt of the withdrawal request ("Withdrawal Confirmation E-mail"). A PDF document will be attached to this e-mail containing (i) a pre-filled label that the user can attach to the package to speed up shipping
11.4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, he is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and the his address. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user's interest to use a durable medium when communicating to Mintea Srl its withdrawal.
11.5 The user must return the Products to Mintea Srl, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 14 calendar days from the date on which he communicated to Mintea Srl your decision to withdraw. The deadline is met if the user returns the Products before the expiry of the fourteen-day period ("Return Deadline"). The Product, properly protected and packaged, must be sent to the following address: Mintea Srlvia Dei Bizantini n. 235 - 88046 Lamezia Terme - CZ. The direct costs of returning the Products to Mintea Srl are borne by the user. In the case of goods which by their nature cannot normally be returned by post, the maximum estimated cost of returning such Products, identified by type, will be indicated in the Standard Instructions on Withdrawal. The Mintea Srl Standard Instructions on Withdrawal, containing information on the exercise of the right of withdrawal from the Products, are made available to the user on the Site before the conclusion of the contract, via the link "Right of Withdrawal and Model Form", also accessible from the Product Page and attached to the order confirmation e-mail referred to in art. 4.1.4 above. The return of the Product to Mintea Srl takes place under the responsibility and expense of the user.
11.6 If the user withdraws from the contract, Mintea Srl will reimburse the Total Amount Due paid by the user for the Product, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day in which Mintea Srl has been informed of the user's decision to withdraw from the contract. The refund will be made using the same payment method used by the user, in the case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, Mintea Srl will ask the user for the bank details necessary to make the refund, unless the user has expressly agreed otherwise. In the event that the user has returned the Products using a carrier at his own expense and at his own choice, using the procedure referred to in art. 11.5 above, Mintea Srl may suspend the reimbursement until receipt of the Products or until the user demonstrates that he has returned the Products, whichever is earlier. 11.7 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product. The Product must be returned in its original packaging, which must be placed in another packaging, as any other label or tape cannot be affixed to it. On the Product Page it will be expressly indicated whether the original packaging is to be considered part of the Product, for the purpose of exercising the right of withdrawal.
11.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Mintea Srl will notify the user, by e-mail, within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product will remain at Mintea Srl available to the user for collection, which must take place at the expense and under the responsibility of the user.
11.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Mintea Srl will notify the user of the circumstance and the consequent reduced refund amount, by e-mail, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.
11.10 The right of withdrawal does not apply in case of:
- supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and that have been opened after delivery or in the case of supply of products that are, after delivery, inseparably mixed with other goods;
- supply of goods made to measure or clearly personalized;
This exclusion of the right of withdrawal will be specifically and expressly communicated on the Product Page as well as during the purchase process, before the user proceeds with the transmission of the order.

12. Legal Guarantee of Conformity
12.1 All products sold on the Site are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Consumer Code ('' Legal Guarantee '').
12.2. Who it applies to
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
12.3. When it applies
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
12.4 In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this test, to keep the order confirmation or the purchase invoice as well as the DDT or any other document that can certify the date of the purchase and the date of delivery. (e.g. credit card statement or bank statement).
12.5. What is the lack of conformity
There is a lack of conformity when the purchased good:
• it is not suitable for the use for which goods of the same type are normally used;
• does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
• does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling;
• it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.
12.6 Any failures or malfunctions caused by accidental events or by the user's responsibility or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee. .
12.7. Remedies available to the user
In case of lack of conformity duly reported within the terms, the user has the right:
- primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
- secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
12.8. What to do in the presence of a lack of conformity
In the event that a Product, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact Customer Service, using the contact details referred to in art. 14 below. Mintea Srl will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also taking into account the product category to which the Product belongs and / or the reported defect. Depending on the type of product, the Customer Service will indicate the necessary information to the user for solving the problem
12.9 In the case referred to in art. 12.8, Mintea Srl will collect the Product and send it to the competent assistance center.
In any case, the competent assistance center will carry out the necessary checks to ascertain the existence or otherwise of the alleged lack of conformity. In the event that the defect exists, if the user has chosen, among the remedies available, the repair, the assistance center will proceed with the repair. If, on the other hand, the user has chosen the replacement and it is not excessively burdensome or objectively impossible for Mintea Srl compared to the repair, Mintea Srl will replace the Product. If the service center finds the lack of conformity, any repair / replacement costs and those of transport to the service center will be borne by Mintea Srl. If the service center does not find the lack of conformity, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repair or replacement costs will be borne by the user. Mintea Srl will inform the user of the circumstance and of any costs to be incurred for the repair or replacement. Mintea Srl reserves the right to send the user the estimate issued by the assistance center, so that the user can decide whether or not to have the repair or replacement carried out at his own expense. The user must authorize the repair or replacement at his own expense in writing. Following this acceptance, a direct relationship will be established between the assistance center and the user to which Mintea Srl will be completely extraneous and with respect to which no responsibility can be attributed to it.
12.10 In all cases, the repair or replacement of the defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or force majeure, within 60 calendar days from the day on which Mintea Srl received the defective product. In the event that the replacement or repair initially chosen were not carried out within this period, the user may request one of the alternative remedies provided for by the Legal Guarantee (replacement, if repair was requested; repair if replacement has been requested; price reduction or termination of the contract).
12.11 Mintea Srl reserves the right to ask the user to attach the invoice relating to the order to the request to take advantage of the Legal Guarantee of Conformity.

13. Conventional Manufacturer's Warranty
13.1 The products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (`` Conventional Guarantee ''). The user can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
The Conventional Guarantee is voluntary and does not replace, limit and do not prejudice or exclude the Legal Guarantee.

14.Customer Assistance and Complaints
14.1 It is possible to request information, send communications or submit complaints by contacting the customer service of Mintea Srl ('' Customer Service '') with the following methods at the following addresses:
by e-mail, at info@mintea.it;
by phone, at 0968359641;
by post, writing to Mintea Srl, via dei Bizantini 235, 88046 Lamezia Terme (Cz)
through the Site, by accessing the '' Contacts '' section;
14.2 Mintea Srl will respond to complaints by e-mail or post within a maximum period of two days from receipt of the same.

15. Applicable law; Out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution15. 1 The purchase contract concluded on the Site is governed by Italian law.
15.2 It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercise of the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
15.3 We remind you that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of these Conditions of sale.
15.4 Pursuant to art. 141-sexies, paragraph 3 of the Legislative Decree 6 September 2005, n. 206 (Consumer Code), Mintea Srl informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to Mintea Srl, following which it has not been possible to resolve the dispute thus arisen, Mintea Srl will provide information regarding the body o to Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code ), specifying whether or not it intends to use these bodies to resolve the dispute. Mintea Srl also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address //ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved. In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute arising from these Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code. The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Conditions of sale, to the European procedure established for small disputes. entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.