Terms and Conditions

Individual sellers other than Vivai Miano are hereinafter referred to as "SELLER".

This document regulates access to the VIVAI MIANO company website and governs the conditions of use of the website itself. By accessing and browsing this website, the visitor accepts the following terms and conditions of use of the website.

1. Site Content

All data, information, and general materials regarding, by way of example, software, texts, data, graphics, images, sounds, videos, logos, icons and html codes ("Materials") on the company's website are provided for informational purposes only and are not, and should not be interpreted as, a commercial offer, a license, advice, or a fiduciary or professional relationship between the visitor and the company. None of the Materials provided on this site are intended to replace or obviate independent research or acquisition of information by the visitor.

2. Copyright and Intellectual Property

Each of the Materials contained herein is protected by intellectual property rights and remains the property of the company or of the third-party owner who licensed the material to the company for use. The Materials may be used by the visitor for personal but not for commercial purposes, in compliance with intellectual property law and all other relevant regulations. Any use other than that permitted in these terms of use or any modification of the content of the company's website is prohibited without the company's prior written authorization. This site may contain images covered by third-party copyrights.

3. Links to third-party websites

The company is in no way responsible for the websites accessed through the company's website. When accessing a non-vivaimiano website, even if it contains the company's logo, it should be remembered that it is a site independent of the company and that the latter has no control over the content of the site in question. The presence of a link to a non-vivaimiano.com site, moreover, does not imply approval or acceptance of responsibility by the Company regarding the content, materials or use of said site. It is the visitor's responsibility to take all necessary precautions to ensure that any material downloaded and used is free of destructive elements such as viruses, worms, "Trojan horses" and so on. The creation of a link between any website and any page of the company's website is prohibited without the company's prior written authorization. Companies whose websites are present on the company's website may include a link to the company's website on their website without the company's prior written authorization. The visitor acknowledges that imitation of the company's website or any similar procedure is prohibited.

4. Guarantees

The Materials on the company's website are provided "as is" and without warranties of any kind, express or implied. Although the information provided is believed to be accurate, the company does not warrant that the website is free from inaccuracies, errors and/or omissions, viruses, or other defects, or that its content is suitable for a particular use or is up-to-date. The company reserves the right to modify the Materials at any time. The company does not guarantee any results derived from the use of even a part of the Materials available on the company's website. The Materials on this site do not supplement or modify the warranty that may apply to the visitor arising from a contractual relationship with the company.

5. Liability

Subject to mandatory legal limits, the company shall not be liable for any indirect, consequential or incidental damages, including, by way of example, loss of profit or revenue, business interruption, loss of data resulting from the use, inability to use or reliance on the Materials on this site or any other linked site. In any case, the company's liability for direct damages arising from the use, inability to use or reliance on the Materials on this site or any other linked site shall not exceed - within the aforementioned limits - Euro 100.

6. Privacy

Generally, the site does not request personal data from visitors nor does it contain hidden technological tools capable of obtaining personal data from the visitor. In the event that the company invites the visitor to provide personal data, consent is requested, in accordance with current laws on the protection of personal data, after providing information. The personal data obtained is processed in accordance with the law. If the visitor has other doubts or requests related to their privacy, please send them to the following address: info@vivaimiano.com.

7. Data Encryption Model - SSL

Your personal data is transferred encrypted through advanced digital security systems. Our website is protected against damage, manipulation or unauthorized access thanks to updated technical measures. SSL: We protect the transmission of your data thanks to a secure SSL (Secure Socket Layer) connection which guarantees the protected transfer of your personal data and information regarding credit card and bank details. The computerized processing of information, including the management of the email addresses of the Site users, is carried out in accordance with legal provisions.

8. Cookies

Purpose	Legal Basis
Management of your orders placed through the Vivai Miano Platform (payment, delivery, customer service, liaison with merchants, etc.)	Performance of sales contracts
Analysis of your browsing on the Platform to improve our services	Legitimate interest of VIVAI MIANO
Conduct satisfaction surveys to improve our services	Legitimate interest of VIVAI MIANO
Conduct statistical studies on the use of our Platform and our services	Legitimate interest of VIVAI MIANO
Commercial prospecting (sending promotional offers, newsletters)	Legitimate interest of VIVAI MIANO
Behavioral advertising	Acquisition of consent
Prevent and combat bank fraud	Legitimate interest of VIVAI MIANO
Audience measurement	Acquisition of consent

9. Documentation and comments from site visitors

The company does not accept the submission of confidential or reserved information through this site. Any information or material sent to the company will not be considered confidential. The company assumes no obligation to check the information or content (including any project, file or other attachments) that the visitor sends to its website. The visitor guarantees that any information sent to the company or comments that the visitor transmits to the company through the website do not violate intellectual property rights or other applicable law. Such information, content or comments will be treated as non-confidential and not subject to proprietary or other restrictions. By submitting any information, material or comment, the visitor grants the company an unlimited and irrevocable right to use, display, modify, transmit such information, materials or comments, including the ideas, concepts, know-how underlying them. The company reserves the right to use such information, materials, comments in any way it deems appropriate. However, your name will not be disclosed and no publicity will be given to the fact that you have provided materials or other information, unless: (a) authorization has been obtained for the use of your name, (b) you are previously notified that the material or information you submitted to a specific section of this site will be published or otherwise used under your name, (c) it is expressly required by law.

10. Applicable law and partial nullity

These terms of use are governed by Italian law and, without prejudice to mandatory legal provisions, any dispute arising from or relating to them will be submitted to the exclusive jurisdiction of the court of Messina. If any provision of these terms of use is held to be invalid or unenforceable, the remaining provisions will remain fully valid and effective.

11. Modification of terms of use

The company reserves the right to make, without notice and at any time, changes and/or updates to the terms of use. The visitor, by continuing to use this site, also accepts the aforementioned updates and/or modifications; this page, therefore, should be periodically visited to check the terms of use currently in force.

GENERAL CONDITIONS OF SALE

1. By placing an order on the online shop www.vivaimiano.com, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general conditions and payment terms described below.

2. Any right of the Customer to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order, is excluded. In case of unforeseen unavailability of goods and non-acceptance of the order, no charge will be made to the Customer.

Terms and Conditions of Use

The offer of this online shop is proposed by Vivai Miano, in compliance with the current regulations for e-commerce and distance contracts contained in the Consumer Code Legislative Decree 206/05.

 Sales Conditions

The indicated selling prices are expressed in euros, including VAT, excluding shipping costs. The latter are always at the Customer's expense and are invoiced upon order confirmation, as a supplement to the selected products. Vivai Miano reserves the right to change prices without notice and to change shipping prices at its discretion, but undertakes to apply the prices in force and to explicitly display prices and shipping costs, as indicated on the site, at the time of the order. Any refunds are always made by Vivai Miano through the payment system used to make the purchase, via Paypal, Credit Card, bank transfer both for payment by bank transfer and for cash on delivery payment. Conditions subject to Legislative Decree 6 September 2005, n. 206 (Consumer Code), as amended by Legislative Decree 21/2014 and Legislative Decree 170/2021

 * "The 50% Irpef deduction for the purchase of furniture and large appliances ("furniture bonus") does not include the expense incurred for the purchase of a television. Bank transfers with withholding tax will not be accepted."

 Shipping Times

What happens to your order the moment after purchasing on www.vivaimiano.com from Vivai Miano

Product delivery times vary depending on the item ordered by the Customer. The indicated delivery times are merely indicative and are in no way binding for Vivai Miano. Using express courier transport, delivery is expected within a variable time of 1/5 working days from the moment of the order. In any case, the estimated delivery times are explicitly indicated in the technical sheet of each product. For products where the technical sheet indicates 24/48 hour delivery times, the following indications apply:

 A) Day 0 (order receipt)

The back office processes orders received by 1 PM; otherwise, they are processed the following day. The same applies to orders received on Saturday, Sunday, or a public holiday: they will be processed on the first working day following the order itself. The order is processed based on the chosen payment method, and in particular:

 - if the chosen payment method is PAYPAL, the order is processed the same day;

 - if the chosen payment method is BANK TRANSFER, the order will be processed when the credit is visible on the Vivai Miano company bank account.

- if the chosen payment method is CREDIT CARD, the order will be processed after 24 hours.

 The order is transmitted to our warehouses by 09:00 AM;

 B) Day 1 (Express Courier)

 On the day following the order, the Courier collects the goods by 5:00 PM from our warehouses. The destination location and any notes included in the order will be provided to the courier electronically. Simultaneously with the collection of the product, an email will be sent to the customer containing the Shipping Number; this will allow the customer to track the delivery status and estimated times in real-time on the Courier's website.

 D) Day 2 (goods delivery)

The product will be delivered to the address indicated at the time of order confirmation.

Delivery methods

Standard Delivery:

Delivery takes place within 5 working days from the date of entrustment to the Courier.

In detail: We deliver within a maximum of 72 hours from when we entrust the goods to the courier. For all of Italy, including islands, the shipping cost is indicated at the time of order. Furthermore, the delivery times described above for the islands may vary depending on unforeseen elements: for example, adverse weather conditions, etc.

Shipping Cost:

The shipping cost is determined by the Courier and depends on the weight and/or volume of the package(s) that the customer has purchased. Shipping costs will be explicitly highlighted before placing the order. Some promotions may offer discounts equal to shipping costs for orders above a certain value determined by the offer itself.

 The Invoice

Each order of Products transmitted to Vivai Miano constitutes a contractual proposal from the Customer. The fulfillment of the order by Vivai Miano is equivalent to its confirmation and acceptance.

The tax documentation relating to the ordered Products will be issued by Vivai Miano at the time of shipment of the Products to the Customer and sent via email. The information provided by the Customer at the time of the order is binding. No changes to the invoice or tax receipt will be possible after its issuance.

The Invoice must be requested during the order process or by sending an additional email to info@vivaimiano.com with the exact name and electronic address (SDI or PEC). The Invoice must be kept carefully, as it represents the valid document for the product warranty. The invoice for the purchased item is issued by the "SELLER" and sent to the tax drawer.

 Refunds

Customers will have Vivai Miano as the sole contact for any complaint or for any issue relating to both the ordering phase and the after-sales phase. The same is equipped with all the tools to manage, both through the Call Center and through active 24/7 messaging systems, to analyze problems and seek a solution to the individual customer's problems. Any refunds are made by Vivai Miano through the payment system used to make the purchase, via Paypal, Credit Card, bank transfer. The Refund will be made within and no later than 10 working days.

 Order Fulfillment

Vivai Miano, to ensure proper service to its customers, guarantees the receipt and acceptance of purchase orders until 5:00 PM from Monday to Friday; orders received after this time, as well as those received on Saturday, Sunday or other holidays, will be considered received on the first working day following the order itself. Any reductions in working hours and/or interruptions of sales services during particular periods of the year (e.g., summer months) which could lead to an extension of delivery times will be adequately highlighted at the time of the order, and it will be at the customer's discretion to proceed or not with the confirmation of the order according to the indicated times. Upon delivery of the goods, the Customer is required to check:

 - that the number of packages delivered corresponds to what is indicated in the sales document

 - that the packaging is intact and not altered, including the sealing tapes

In case of tampering and/or breakage, the Customer must immediately dispute the shipment and/or delivery by writing "RESERVE FOR DAMAGED PACKAGING" on the copy of the delivery document to be returned signed to the courier or other operator.

The Customer is required to report any damages within 2 (two) days of receiving the goods, via registered mail or email to the following addresses:

email: info@vivaimiano.com

phone: +39 320 828 6084

For each order, the Customer is required to specify at least one telephone number to allow the express courier to contact them in case of delivery difficulties; if the delivery is unsuccessful for reasons not attributable to Vivai Miano or the express courier for more than 5 consecutive days, the order will be considered cancelled and the Customer will be charged storage costs as quantified by the express courier.

Guarantees

Vivai Miano will provide, in relation to the Products purchased by the consumer Customer, the legal guarantee of conformity under the conditions and terms of articles 128–135-septies of Legislative Decree 206/2005 of the Consumer Code.

 In particular, the rights arising from this warranty may be exercised provided that the Products have been used correctly, with due diligence and in compliance with their intended use and the instructions provided, as well as upon presentation by the Customer of the delivery note received with them and indication of the order number.

The costs for returning products due to the exercise of the warranty will be borne by the Consumer.

The warranty rights of the consumer Customer are prescribed within the legal terms set out in Article 132 of the Consumer Code, reported below:

1. The seller is liable, according to article 130, when the lack of conformity manifests itself within two years of the delivery of the goods.

2. The consumer forfeits the rights provided for in article 130, paragraph 2, if they do not report the lack of conformity to the seller within two months from the date on which they discovered the defect. Reporting is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

3. Unless proven otherwise, it is presumed that defects of conformity that appear within six months of the delivery of the goods already existed at that date, unless this assumption is incompatible with the nature of the goods or the nature of the defect of conformity.

4. The action to assert defects not fraudulently concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the consumer, who has been sued for the execution of the contract, can however always assert the rights under article 130, paragraph 2, provided that the lack of conformity has been reported within two months from discovery and before the expiry of the term referred to in the previous period.

The warranty rights of professional Customers, i.e., non-consumers, are regulated by the provisions of the Civil Code concerning sales contracts. In any case, any complaints for defects or flaws, even if arising from packaging operations of the shipped goods, must be submitted in writing to Vivai Miano, via fax or registered letter, within 2 days from the receipt of the disputed batch, in the section on delivery methods and times.

The Customer is required to accompany any defect complaint with photographs showing the damage to the goods.

If the sold Product is found to be defective, Vivai Miano may offer the Customer either a partial refund of the purchase price, proportionate to the severity of the defect found, or a replacement of the Product. The latter option is excluded for minor defects that do not in any way affect the intended use or external appearance of the Product.

It is specified that Vivai Miano cannot be held responsible in any case for the activity of technical assistance centers on products: any delays in repairs and/or replacements, and/or failure to recognize the operating defect by the authorized technical assistance center, as provided for by Legislative Decree 206/2005, as amended by Legislative Decree 170/2021, and/or any other hypothesis considered detrimental to the Customer, are to be attributed exclusively to the Manufacturers' policies.

In cases where the application of warranties requires the return of the product, the item must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories, intact consumables, manuals, cables, etc.); to limit damage to the original packaging, we recommend, where possible, placing it in a second box; in all cases, attaching labels or adhesive tape directly to the product's original packaging should be avoided.

All product shipments will be rejected and returned to the sender, with costs borne by them, if:

 - They do not include original packaging, accessories, and manuals.

- Received with unsuitable or inadequate external packaging and therefore damaged during transport: the Warranty does not cover damages due to the non-use of original packaging and adequate external protective safety packaging not authorized by the service center.

From the Warranty intervention on Hard Disks or various storage devices, any saving of Customer's data or uninstallation of Software is excluded. Vivai Miano will not be responsible for data loss on the product under assistance.

Conventionally, any right of the Customer to compensation for damages or indemnities, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, is excluded.

Shipping Insurance

Upon receipt of the package, it is necessary to check that the courier's packaging is intact and not cut and/or tampered with. Otherwise, it is likely that the package has been opened during shipping and the contents stolen.

If a tampered package is accepted, there is no possibility of making a claim. Therefore, we repeat: before accepting the package, it is necessary to check its integrity.

In case of suspected tampering or missing package, it is possible to accept the goods with specific reservation (state the reason). The customer is required to report any damage within 2 days of receiving the goods. We inform you that pursuant to Legislative Decree 6 September 2005, n. 206 (Consumer Code), the goods travel at the recipient's risk, [COMPANY NAME], and "SELLER" is not responsible for any theft or damage.

For completeness of information, we report an excerpt of the decree-law that regulates this topic:

EXCERPT FROM LEGISLATIVE DECREE 6 September 2005, n. 206 (CONSUMER CODE) ON DISTANCE CONTRACTS "Commercial sales relationships are governed by these sales conditions as per current Italian legislation. The Supplier ships to the Customer with selected express couriers and the goods travel freight prepaid with transport costs and risks entirely borne by the Customer. These costs and other charges possibly related to the transport and/or shipment of the products are calculated and detailed in the order confirmation and purchase invoice. Upon receipt of the goods at their home, the Customer must verify the integrity of the packages. In case of discrepancies and/or differences, it will be the Customer's responsibility to refuse the package, under penalty of forfeiting their rights in this regard."

Right of Withdrawal

"SELLER" recognizes the right of withdrawal:

Pursuant to Legislative Decree 206/2005, if the customer is a consumer (i.e. a natural person who purchases goods for purposes not related to their professional activity, or does not make the purchase indicating VAT number 02669990836 in the order form to Vivai Miano, they have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. The product must be returned in a resalable condition (intact, never used and complete with original packaging and all original accessories of the product).

The Customer is required to notify within 14 working days from the delivery date of the goods, via email or registered mail to the following addresses:

e-mail: info@vivaimiano.com

Upon receipt of the registered letter, we will provide the exact return address for the product.

Goods returned without authorization will be automatically rejected.

In addition to the desire to exercise the right of withdrawal, it is essential to indicate in the same communication the details of a bank or postal account for the re-credit of the due amount (CIN Code, ABI Code, CAB Code, Current Account Number, Account Holder). For the correct recognition of the right of withdrawal, we specify that:

• The product must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories, intact consumables, manuals, cables, etc.); to limit damage to the original packaging, we recommend, when possible, to insert it in a second box; in all cases, attaching labels or adhesive tape directly to the product's original packaging should be avoided.
• The product must be returned within the times and in the manner described above to the address that will be indicated by Vivai Miano.
• -Return shipping costs are always borne by the Customer.

Vivai Miano reserves the right to inspect the returned goods to assess any damage or tampering not resulting from transport. The refund covers all sums paid for the product price, excluding transport costs and any bank charges incurred by the Customer, and will be made within and no later than 14 days from the receipt of the order withdrawal communication, exclusively by bank transfer. In the event that the user opts for product replacement, the shipping costs of the new product will be borne by them.

Applicable Law

The sales contract between the Customer and Vivai Miano is understood to be concluded in Italy and governed by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of [Messina].

Sales Contract

Vivai Miano accepts orders for delivery exclusively within Italian territory.

"Vivai Miano will issue an invoice or tax receipt, sending it via email at the time of order departure.

"Vivai Miano includes in the aforementioned invoice only the data provided by the customer, specifying that no changes will be allowed after the invoice has been issued.

The customer can only purchase products from the electronic catalog on the Vivai Miano website that exist at the time of order submission. Vivai Miano therefore states that the images and technical data, none excluded and/or excepted, accompanying the product sheet displayed should not be considered by the customer as complete and exhaustive of the characteristics, but may, therefore, differ in size, color, accessories or other.

For all that has been communicated and accepted by the customer so far, no liability can be attributed, for various reasons, to Vivai Miano.

The correct receipt of the order is confirmed by Vivai Miano via email, sent exclusively to the email address communicated by the customer. This confirmation message will reproduce all the data entered by the customer, who undertakes to verify its correctness and to communicate, within and no later than 2 days, any corrections. Only subsequently, after Vivai Miano has verified the actual availability of the goods and the accuracy of the customer data, will the final acceptance of the contract be sent via email, which from this moment only is to be considered concluded and stipulated between the parties for all legal purposes.

By placing an order on the website www.vivaimiano.com the customer declares to have read the sales conditions, the proposed payment methods, as well as the entire purchase procedure, and also declares to accept them without any reservation and to have received exhaustive information in this regard. Furthermore, with express reference to articles 3 and 4 of Legislative Decree 185/89, the customer will receive, via email, all the necessary information for the identification of the seller, which the customer is obliged, at their own expense, to keep together with the email accepting the contract.

In the event that the customer should return, for legitimate reasons, the purchased products, they must arrange for shipping within the established terms and exclusively to the registered office of Vivai Miano.

Privacy

The personal data requested during the order submission phase are collected and processed in accordance with the provisions of EU Regulation no. 2016/679 (so-called "GDPR") for the purposes and methods indicated in the information on the processing of personal data of [COMPANY NAME], available at the following link, which forms an integral part of these Conditions of Sale.

Complaints

Any complaint must be addressed directly to

 ADDRESS C/da S. Enargi SP 100, snc

98054 Furnari (ME)

EMAIL: info@vivaimiano.com

PHONE +39 320 828 6084

VAT NO.: 02669990836

Immediately after receiving the goods. The Customer must retain the original packaging and the delivery document.