Conditions of sale
These conditions are valid only between the company
MILAN TOAST Srl Unipersonale
Via Industries 26
20884 Sulbiate (MB)
VAT number and Tax Code 02129100968
and any natural or legal person who makes online purchases on the website www.milantoast.com hereinafter referred to as the “CUSTOMER”.
These conditions may be subject to changes and the date of publication of the same on the website www.milantoast.com is equivalent to the date of entry into force.
These conditions govern purchases made on the website www.milantoast.com in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005 and subsequent amendments and additions in the field of electronic commerce.
ARTICLE 1 – Object and scope of the contract
1.1 With the CONTRACT, MILAN TOAST manufacturer and seller of professional appliances for cooking, sells and the CUSTOMER remotely purchases the material products indicated and offered for sale on the SITE.
1.2 The CONTRACT is concluded exclusively through the internet, through the customer’s access to the SITE and the realization of a purchase order according to the procedure provided by the SITE itself.
1.3 The CUSTOMER undertakes to read, before proceeding with the confirmation of his order, these conditions of sale and the privacy legislation. By affixing a flag in the indicated box and / or the conclusion of the order, the conditions of sale are considered accepted.
1.4 The purchase of Products through the SITE is also allowed to CONSUMER CUSTOMERS.
1.5 Pursuant to the Law, a consumer CUSTOMER is considered the natural person residing in the EU who, while purchasing professional products, acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.6 Milan Toast srl, reserves the right not to accept or cancel orders deemed irregular at its sole discretion. With the return of any payment, any obligation to the CUSTOMER is extinguished.
ARTICLE 2 – Pre-contractual information
2.1 Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed about:
2.2 At the end of the payment process it will not be possible to make any changes to the data indicated in the purchase contract. (e.g. changing the shipping address, requesting an invoice, etc.)
ARTICLE 3 – Availability of products and delivery times
3.1 The availability of the Products refers to the theoretical availability of the warehouse at the time when the CUSTOMER places the order or to the possibility of producing the product in a short time.
3.2 The delivery times indicated during the order represent an average calculated on deliveries made in cities in central Europe. Other factors such as peripheral destinations or disadvantaged locations, seasonality (e.g. Christmas) may take longer.
ARTICLE 4 – Methods of payment – receipt – invoice
4.1 Payment by the CUSTOMER can only be made by means of tools indicated on the SITE
4.2 For each payment made on the SITE, MILAN TOAST
issues payment receipt
4.3 The invoice is only available if:
in the absence of all the above requirements, only the payment receipt will be issued
ARTICLE 5 – Prices, taxes and other costs
5.1 All sales prices of the products indicated on the SITE are expressed in Euros and are inclusive of VAT for CONSUMER CUSTOMERS with a shipping address in one of the EU countries. For all other CUSTOMERS the prices are exclusive of VAT
5.2 Other costs including shipping are calculated and indicated at the time of conclusion of the purchase process before making the payment.
5.3 Deliveries outside the EU may be burdened with customs duties or taxes during import that cannot be determined in advance and at the total expense of the CUSTOMER.
ARTICLE 6 – Delivery methods
6.1 MILAN TOAST entrusts deliveries to express courier / forwarder for delivery to the address and with the information indicated by the CUSTOMER at the time of the order.
6.2 Delivery will take place according to the methods and customs of the place and country of destination.
6.3 In case of non-collection, all costs for the return are charged to the CUSTOMER.
ARTICLE 7 – Verification upon delivery of the product
7.1 the CUSTOMER undertakes to verify the condition of the package that has been delivered to him before signing and accepting the delivery
Before signing the delivery receipt, the CUSTOMER undertakes to verify that:
In the event of anomalies at the time of delivery, the CUSTOMER undertakes to:
7.2 the CUSTOMER is aware that by accepting the package without affixing written reservations, he does not allow to retaliate against the courier.
ARTICLE 8 – Right of withdrawal for the CONSUMER CUSTOMER (valid only in the EU)
8.1 In accordance with the legal provisions in force, the CONSUMER CUSTOMER residing in the EU has the right to withdraw from the purchase of products purchased online without specifying the reason, within 14 days from the date of receipt of the products.
This right allows the CONSUMER CUSTOMER to personally verify the quality of the product purchased remotely, as if it were in a physical store. It is therefore allowed to open the packaging box, remove the protective films, analyze and touch the item and its accessories.
It is strictly forbidden, under penalty of reduction of the refund, to put into operation, use, dirty, modify, disassemble, alter the article and accessories.
8.2 The CONSUMER CUSTOMER who intends to exercise the right of withdrawal must communicate it to MILAN TOAST by explicit declaration, which must be sent by post by registered mail with Acknowledgment of Receipt or email to the address email@example.com or by PEC firstname.lastname@example.org Itis on the consumer CUSTOMER who bears the burden of proving that he has correctly exercised the right of withdrawal. In Annex 1 the form that can be used for the notice of withdrawal
8.3 In case of exercise of the right of withdrawal, the CONSUMER CUSTOMER is required to return the product within 14 days from the day on which he communicated to MILAN TOAST his intention to withdraw from the contract. The product must be returned to MILAN TOAST.
8.4 The product must be returned intact and working, in its original packaging, complete in all its parts, accessories and manuals; everything must be placed in an additional packaging appropriate to the type of transport envisaged.
The choice of the method, the direct costs and the risks associated with the return of the products are borne by the CUSTOMER.
8.5 MILAN TOAST will make the refund, only after receipt and verification of the product, within a maximum period of 14 days, with the same payment method used by the CUSTOMER.
8.6 In the event that the Product for which the withdrawal has been exercised is returned intact, the refund will be total. In the event that the Product has suffered a decrease in value resulting from a handling of the product other than that necessary to establish the nature and characteristics as indicated in point 8.1 or damage, the refund amount will be reduced by an amount equal to 25% of the price paid and in any case not less than € 75.00. Of the circumstance and the consequent decreased amount of reimbursement MILAN TOAST will notify the CONSUMER CUSTOMER,bye-mail, within 7 working days of receipt of the Product.
ARTICLE 9 – Guarantees for CUSTOMERS and CONSUMER CUSTOMERS
9.1 The guarantees indicated in points 9.2 and 9.3 below are reserved for EU consumer CUSTOMERS.
For all other CUSTOMERS, only the warranty referred to in point 9.4 below applies
9.2 legal guarantee of conformity (only for CONSUMER CUSTOMERS)
9.3 24-month warranty on manufacturing defects (only for CONSUMER CUSTOMERS)
9.4 warranty of 6 months or 1,000 hours of operation on manufacturing defects (for all CUSTOMERS)
9.5 The warranty on manufacturing defects referred to in points 9.3 and 9.4 above is intended to insure the buyer against any defect in the manufacturing materials. The warranty starts from the time of purchase (if documented by the CUSTOMER) or the date of production of the product. The warranty is made at the headquarters of MILAN TOAST, or at facilities identified and communicated by the same and covers the cost of replaced parts and labor. In the case of sending the customer new spare parts to replace the defective parts, the transport is charged to MILAN TOAST. If the device must be sent to MILAN TOAST, the cost necessary for round-trip transport is charged to the CUSTOMER.
ARTICLE 10 – Liability
10.1 MILAN TOAST assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order.
ARTICLE 11 – Entirety
11.1 These General Conditions of Sale consist of all the articles including the provisions that compose them.
11.2 If one or more provisions of these Terms of Sale are deemed invalid or declared invalid under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue in full force and effect.
ARTICLE 12 – Applicable law
12.1 These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of Monza.
NOTICE OF WITHDRAWAL
Dear MILAN TOAST SRL
Via delle industrie 24
Cap 20884 – City Sulbiate (MB)
REGISTERED LETTER WITH RETURN RECEIPT
SUBJECT: withdrawal from the sales contract n ……………………… of……………
The undersigned Name………………………… Surname……………………….___________descrizione_____________________________________…………
I also declare that the product is intact and has not been damaged and has never been used.
I also ask that I be refunded the amount paid by me, equal to Euro ______________________ by means of the following___________________________ (bank transfer IBAN SWIFT or, credit card)
Waiting for a positive response
Date………… Signature …………………………
Attached: copy of the identity document