Terms and conditions of service
General provisions
These conditions are valid only between the company Myoh'sindividual tta of G.F.P., hereinafter referred to as “Myoh " and any person who purchases online on the website https://myohjewelry.com/ hereinafter referred to as '' CUSTOMER ''. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the site https://myohjewelry.com/, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, Myoh sells and the CUSTOMER remotely purchases the tangible movable assets indicated and offered for sale on the website https://myohjewelry.com/. The contract is concluded exclusively through the internet, through the access of the CUSTOMER at https://myohjewelry.com/ and the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by Myoh and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER's choice.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- payment methods and related restrictions;
- the deadline by which Myoh undertakes to send goods in the event that the same is available in stock;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided for by Myoh.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to Myoh, geographical address, telephone number, e-mail address, informactions that are reported, also below:
MYOH sole proprietorship of G.F.P.
Via Milazzo, 12
24124, Bergamo, BG
Italy
Tel: +39 345 46 40 443
VAT number: IT04484500162
myoh.design@ pec.it
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by the Myoh to the CUSTOMER an e-mail confirming the order. The e-mail contains the CUSTOMER data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive the copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate to Myoh any corrections.
Myoh undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the site and the actual product. In addition, the photographs of the products featured on https://myohjewelry.com/ they do not constitute a contractual element, as only representative.
Myoh undertakes to send goods, subject to availability in stock, within 7 days working effective date of sending by dei Myoh of the order confirmation email to the CUSTOMER.
ARTICLE 4 - Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order.
Even after sending the order confirmation email sent by Myoh, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed via e-mail.
If the CUSTOMER requests the cancellation of the order, by terminating the contract, Myoh will refund the amount paid within 14 days from the day on which Myoh was aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Any payment by the CUSTOMER can only be made by means of dthe credit cards indicated on the site https://myohjewelry.com/, with Paypal payment method or Amazon Pay. The Customer will come rand addressed on the payment platform corresponding, where you can make the payment securely. LAnd platformAnd manageor not directly the data entered on your website to make the payment. Myoh does not collect any data relating to the credit card used, or relating to the access codes to the form of payment “PayPaL" or "Amazon Pay". This information is collected directly by the payment system relative. The actual charge will take place at the time of sending by Myoh order confirmation email.
ARTICLE 6 - Prices
All sales prices of the products indicated on the site https://myohjewelry.com/ they are expressed in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right to Myoh to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by Myoh to the client.
In the event of an IT, manual, technical, or any other type of error that could result in a substantial change, not foreseen by Myoh, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 - Right of withdrawal
Pursuant to and for the purposes of the Consumer Code, as amended by Legislative Decree no.21 / 2014, the Customer is given the right to exercise the right of withdrawal, without any penalty and without specifying the reason, within 14 days of calendar from the date of delivery of the purchased good. To make use of this right, the Customer must send an email within the indicated terms PEC at the address myoh.design@ pec.it or a letter by registered letter with return receipt, in which your data are indicated, namely Name, Surname, Address, Order number, telephone, description of the product (s), any IBAN code and holder of the current account where it is requested to make the transfer for the refund.
As soon as this communication is sent, the CUSTOMER must send the product, at his own expense and with a courier of his choice who intends to return, including in the shipment a form with their data which must be the same as those sent in the communication to make use of the right of withdrawal (look down).
The direct costs of returning the products are borne by the CUSTOMER. The returned product must be sent to Myoh within a maximum 14 calendar days from the date on which it communicated the withdrawal. Once the returned product has been received, Myoh will reimburse the price paid for the product / s for which the right of withdrawal has been exercised, within 14 calendar days from the day on which the withdrawal decision was communicated, provided that the object of the withdrawal has been received by the company, or unequivocal proof has been provided that the shipment has been made by courier.
The customer will be held responsible, and therefore not refundable, for the decrease in value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of the goods.
For products for personal use, for hygienic and health reasons it is not possible to return products that have already been used.
The goods must be returned to:
MYOH ofindividual tta of G. F. P.
Via Milazzo, 12
24124, Bergamo, BG
Italy
Tel: +39 345 46 40 443
VAT number: IT04484500162
All risks relating to the transport of the returned product are the responsibility of the Customer.
The goods must be returned intact in all its parts, (therefore exactly as received) in the original packaging, complete in all its parts (including packaging and any accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Myoh will refund the amount of the products subject to withdrawal within a maximum period of 14 days. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Myoh may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to Myoh.
Myoh will reimburse using the same payment method chosen by the CUSTOMER during the purchase.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
Subject: communication made
Order number: (indicate the order number relating to the purchased good (s))
Buyer data: (indicate name, surname, address, telephone, e-mail)
Product for which the right of withdrawal is exercised: (indicate brand, name and format of the product and product code as per order summary sent in the original shipment)
Current Account Holder: (Indicate the holder of the current account where you intend to receive the refund credit).
Date
Signature
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of non-compliant or defective products, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to Myoh within two months of discovery.
ARTICLE 9 - Delivery methods
The products will be delivered by courier expressed to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent from Myoh.
For every order placed on the site https://myohjewelry.com/, Myoh emits consideration for the sale (shipping note) of the goods shipped. The invoice relating to products purchased by individuals is not issued as these are sales operations not subject to the obligation of tax certification pursuant to article 22 paragraph 1 n 1 of Presidential Decree 633 of 1972 and article 2 of Presidential Decree 696 of 1996 An order summary is sent to all customers that has the same fiscal and legal value as a traditional receipt. The invoice is available on request when completing the order, after the order has been processed, the CUSTOMER will receive there invoice by email. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein. It is not possible to request an invoice after completing the order without checking the appropriate "Invoice Request" box.
ARTICLE 10 - Liability
Myoh assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 11 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of Myoh and are protected by intellectual property law.
ARTICLE 12 - Cookies
The website https://myohjewelry.com/ uses '' cookies ''. Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow Myoh to offer a personalized service to its customers.
Myoh informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this could prevent the Customer from proceeding with the online purchase.
ARTICLE 13 - Integrality
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the CUSTOMER's place of residence or domicile, if located in the territory of the State Italian.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
ARTICLE 15 - European dispute resolution platform
Consumers resident in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
ARTICLE 16 - Payments
By purchasing online it is necessary to choose the desired payment method:
Credit card
Mastercard, Visa, American Express, Maestro, iDeal, Bancontact, Shop Pay, Apple Pay and Google Pay. Your financial data will be managed directly by the platform operated by Shopify Payments and not by Myoh In this way the purchase is completely free and safe
PayPal
If you have a PayPal account, you can make the payment quickly and safely, without having to enter your credit card details each time. With the use of PayPal your financial information will never be shared with whoever receives the payment. So the purchase is completely free and safe
Amazon Pay
If you have an Amazon account, you can make the payment quickly and safely, without having to enter your credit card details each time. With the use of Amazon Pay your financial information will never be shared with whoever receives the payment. So the purchase is completely free and safe
ARTICLE 17 - Shipping
Shipments are made by DHL express courier.
The average delivery time varies from 1 to 4 working days, depending on the location, weather conditions, intense or reduced traffic relating to the pre-Christmas and summer periods and extraordinary events beyond our control (strikes, road interruptions, etc.)
a) Cost of shipping
For all purchases in Italy the cost of shipping is € 10.00. For a total purchase of over € 100.00 the cost of shipping is free.
For all direct purchases abroad, the cost of shipping is € 20.00. For a total purchase of over € 150.00 the cost of shipping is free.
b) Timetable preferences for delivery
There is the possibility through the O.D.D. (On Demand Delivery) operated by DHL to be able to change delivery options.
d) Absent at the time of delivery
If at the time of delivery the courier fails to contact the recipient, it will retry the delivery in the following days (sometimes even on the same day), or it could leave a notice of passage on which the information necessary to agree on a further delivery will be indicated. There are no additional costs.
IMPORTANT
AND IT IS FUNDAMENTAL TO PROVIDE A VALID PHONE NUMBER IN CASE THE COURIER NEEDS TO CONTACT YOU, AND A DETAILED ADDRESS WHERE THERE IS ALWAYS SOMEONE WHO CAN COLLECT THE SHIPPING.
For overseas shipments, some countries may be subject to customs fees and import taxes. These fees and taxes are fully paid by the recipient
General conditions of Sale 14/12/2020