Terms of Sale

Dear User,

below you will find the terms that regulate the purchase of products offered in our platform (“Platform”) – accessible at www.millemilano.com (“Site”) -  as well as any related relationship (“Terms of Sale”): please be aware that any orders concerning the products available in the Platform will be concluded with Mill & Partner GmbH, company with registered seat at Mellingen, Grosse Kirchgasse 4, 5507 - Switzerland (“We” or “Mill & Partner”).

You can save a copy of the present Terms of Reservation and Sale in “.pdf” format using the “Print” function in the browser you are using.

  1. ORDERS
    • To place an order (“Order”), select the products you are interested in from the pages of the Site and, once the relevant tab is open, press the “Add to Cart” button to add it to the Shopping Cart feature (“Cart”).
    • Once selected your products, you can either
      • go to the Cart and select the “Checkout” button; or
      • select the “Buy it now” button available at the bottom of the tab related to the selected item.
    • Please note that, at this point, you can decide to place your Order
      1. as a Registered User (by accessing your profile), verifying and editing (if necessary) your contact details and shipping information; or
      2. as a Simple User (by entering your shipping details), entering your contact details and shipping information; or
      3. as PayPal User and taking advantage of the reserved express checkout. In this case, you will be redirect to PayPal platform to proceed further. Please follow the instruction provided therein.
    • If you chose to place an Order as Registered User or Simple User, press the “Continue to shipping” button after having verified or entered the shipping and contact details. You will be direct to a page in which all costs are detailed [product(s) cost; shipping cost) and different shipping methods may be indicated. Then select, once again, the “Continue to shipping” button.
    • At this stage, to complete the Order you shall:
      • indicate the means of payment.
      • accept these Conditions of Sale, by selecting the appropriate checkbox.
      • read the information on the processing of data.
      • press the “Pay now” button to proceed with the payment and place your Order.
    • We invite you to carefully verify the accuracy of the data entered and the content of the order placed. Remember that:
      • We will communicate with you through the addresses you provide. In case of incorrect indication by you of such addresses, we will not be, therefore, responsible for the non-receipt of communications and shipments.
      • without prejudice to the right of withdrawal referred to in Article 8 – Legal Withdrawal once the Order has been transmitted to us, you will be no longer able position to modify or cancel it; however, we reserve the right to assess, on a case-by-case basis, any changes and/or requests for cancellation.
    • If the transaction is successfully made:
      • you will display an “Order Saved” message;
      • we will send you an e-mail confirming that the Order has been taken care of to the address you indicated during the Order or registration process, with a summary of the order [identification number of the Order (“Order ID”) products, prices, total cost, payment method chosen] (“Taking Charge Notice”).
    • A copy of your order and the confirmation sent by you will be stored in our electronic database. you will receive a hard copy of the receipt or invoice issued together with the products ordered.
  1. EXECUTION OF THE AGREEMENT
    • The purchase agreement (“Agreement”) will be executed only if the entire order procedure is completed correctly – without any indication of an error on our part – and if we have sent you – to the e-mail address you have indicated – confirmation that the products referred to in the order are being shipped (“Shipment Notice”).
  1. PRODUCT AVAILABILITY
    • The products on the Platform may be or become – at the time of placing the order and until we send you the Shipping Notice – temporarily or permanently unavailable.
    • We will do our best to satisfy all Orders for which we have sent the Taking Charge Notice but we do not guarantee the preparation of those products for which the contract has not been concluded (and therefore the relevant Shipping Notice has not been sent).
    • If the selected products are unavailable, even temporary, we will contact you at the addresses you gave us and offer replacement products of equal or higher quality and value than those selected by you. You will be able to accept or refuse the replacement products by providing the Order ID.
    • That said, we reserve the right to remove the products displayed on the Platform at any time as well as the right to delete or modify any material or content related to them.
  1. REPRESENTATION AND DESCRIPTION OF PRODUCTS
    • The images of the products published on the Platform, as faithful as they are to the ones selected, are merely representative.
    • When verifying the correspondence between what you have ordered and what you have received, please refer not to the pictures on the product page of the Platform but to the description in the contractual documents (notably, the Shipping Notice).
  1. PRICES
    • The prices of the products are those indicated in the relative pages published on the Platform and are displayed in Euros (€) and include VAT (“Prices).
    • There may be errors in the indication of Prices. In the rare event that this occurs, We will contact you before sending the Shipping Notice, informing you of the error and checking whether you intend to proceed with the purchase. if you do not wish to proceed, we will cancel your order and refund any monies paid.
    • Please note that the Prices for the products do not include shipment costs, as indicated in Article 9 – Shipment. Therefore, the shipment costs will be added to the Order form and to any subsequent document.
    • The Prices may change at any time; however, possible changes will not affect Orders for which a Shipping Notice has already been sent.
  1. PAYMENTS
    • For purchases made on the site, we accept the following payment methods:
      • credit cards (Visa, Mastercard, American Express).
    • By selecting “Pay Now”, you confirm that you are the owner of the payment method you have chosen.
    • That said, regardless of the means of payment indicated, the Prices (together with shipping costs) will be charged at the end of the Order procedure.
  1. LEGAL WITHDRAWAL
    • If you are a consumer – i.e., a natural person acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out – you will be entitled to withdraw from the Order without giving any reason and at no cost (except those related to the return of the products)
    • To that end you shall:
  2. send us an appropriate communication declaring to exercise the right of withdrawal to the following address, within a period of fourteen (14) days from the receipt of the last of the products indicated in the Order and by regular mail or email, at your own expense (“Withdrawal Notice”),

 

INTERDOCKS LOGISTICS

Mill & Partner GmbH

Via Bruno Buozzi 24,

20861 - Brugherio (MB),

Italy

 

Or

 

m.m@mill-partner.com

  1. send the products referred to in the Order from which you will withdraw - in their original packaging together with any documents attached to it - at your care and expense and within the next fourteen (14) days from the Withdrawal Notice to the address

INTERDOCKS LOGISTICS

Mill & Partner GmbH

Via Bruno Buozzi 24,

20861 - Brugherio (MB),

Italy

 

We would be grateful if, once the products to be retuned have been shipped, you could inform us about the exercise of the right of withdrawal by sending a proper e-mail so to allow a better management of the return.

  • Please be aware that, in case of return, you will be responsible of:
  • the contents of the package being returned. If you send us products that do not correspond to those for which you have exercised your right of withdrawal, We will charge you the costs necessary to return to you the products wrongly sent;
  • any reduction in the value of the returned products resulting from any handling other than the one necessary to establish the nature, characteristics and operation of the products;
  • the damages or alterations caused to the returned product.
    • If the above-mentioned conditions are met, We will refund the amounts set out in the Order (including the shipment costs indicated on the Preparation Notice).
    • Finally please note that the right of withdrawal cannot be exercised with reference to:
  • customized products;
  • products that are by their nature unsuitable for return;
  • sealed goods that are not suitable for return for hygienic reasons and have been opened after shipment.
  1. SHIPMENT
    • Through the Platform you can place Orders to be delivered in the following area:
    • Shipping costs vary depending on the location of destination and time required and will be indicated in the following table:

Territory

Cost

Delivery Time

Italy

€ 0,00

2-4 Business days

EU

€ 0,00

2-6 Business days

Non-EU

€ 45,00

2-15 Business days

 

  1. TRANSFER OF PRODUCT OWNERSHIP AND RISK
    • You will acquire ownership of the products referred to in the Shipping Notice at the time of their shipment, i.e., at the time they are handed over to the carrier.
    • The risk of loss of or damage to the products will pass to you when you take possession of the products – even if it is through a third party that you have appointed to collect the products from the carrier.
  1. LEGAL WARRANTY (IN CASE OF SHOP ON-LINE ONLY)
    • The products sold on the Platform are assisted by the warranty provided by law in favour of consumers, to cover any lack of conformity existing at the time of shipment of the product.
    • The legal warranty covers any lack of conformity of products that may occur within two (2) years from shipment.
    • Remember that there is a lack of conformity if the purchased product:
  2. does not conform to the description provided and does not possess the qualities presented on our the Platform;
  3. is not suitable for the use for which it is normally intended;
  4. does not have the qualities and characteristics of a product of the same type and that can reasonably be expected, considering its nature and, where applicable, the specific characteristics presented.
    • If one of the cases referred to in the preceding clause occurs, you will have the right to restore the product by replacing it, at no cost to you, or to reduce the price or to terminate the contract. This last option will be possible provided that:
  • the replacement of the product is not possible or is unduly burdensome; or
  • we have not replaced the product within a reasonable period of time; or
  • the replacement of the product has caused you considerable inconvenience.
    • If you find a lack of conformity, We ask you to:
      • immediately send an e-mail to m@mill-partner.com, specifying all the purchase data of the product (Order ID, your data and shipment data) as well as the suspected lack of conformity;
      • return the product, so that we can assess the existence of the complained lack of conformity, to the address:

INTERDOCKS LOGISTICS

Mill & Partner GmbH

Via Bruno Buozzi 24,

20861 - Brugherio (MB),

Italy

  • We will proceed to carefully examine the returned product, informing you on the outcome of our assessment within a reasonable time and in any case within fifteen (15) days from the receipt of the returned product.
  • If We ascertain that there actually is a lack of conformity in the product and so it is non-compliant, we will send you an appropriate e-mail. In the fourteen (14) days following such communication, we will take place, at no cost to you, the remedies mentioned above – in accordance with your eventual indications and provided that it is objectively possible or not excessively expensive – and we will reimburse the shipment costs you incurred in for returning the product. It is understood that the products (whether substituted or originally purchased sent to us for examination) will be delivered to the address indicated in the Order. You will be able to change the place of shipment, provided that you comply with the provisions of Article 8 – Shipping above, in which case we reserve the right to charge you for the relevant costs.
  • Remember that a minor defect for which the replacement is not possible or excessively costly (such as insubstantial differences between the products purchased and its illustrative images and descriptions) is not eligible for a complaint of non-conformity and, therefore, does not give the right to terminate the contract.
  • To the extent permitted by law, we exclude all additional and waivable warranties.
  1. LIABILITY
    • Without prejudice to cases of wilful misconduct or gross negligence, We are not liable for any loss suffered, loss of earnings or any other damage that is not an immediate and direct consequence of our proven non-performance or that was not foreseeable at the time of the conclusion of the contract.
  1. MAJOR FORCE
    • We shall not be liable in any way for any failure to perform, or delay in performing, our obligations under these Terms of Reservation and Sale and the resulting Contracts that result from force majeure (“Force Majeure”).

Force Majeure means any act, event, failure to occur, omission or accident, the cause of which is beyond our reasonable control, including but not limited to:

  1. strikes, lockouts or other labor unrest;
  2. riots, revolts, invasion, terrorist attacks or wars (declared or not), even if only threatened;
  3. fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics or other natural disasters;
  4. Inability to use rail, shipping, air, motor transport or other means of public or private transportation;
  5. Inability to use public or private telecommunications networks;
  6. Acts, decrees, laws, regulations or restrictions of the national legislature or the government;
  7. any strike, disaster or accident at sea, in the post office or on any other major means of transport.
    • It is understood that the performance of the obligations under these Terms of Sale and the resulting Agreements shall remain suspended for the duration of the Force Majeure; accordingly, the same shall be extended for a similar period of time.
    • Without prejudice to the above, even pending Force Majeure, We will endeavour to attempt to fulfil our contractual obligations.
  1. VIOLATION OF TERMS OF RESERVATION AND SALE
    • If you engage in conduct that does not comply with these Terms of Sale or otherwise violates them, We will take all steps and measures, including judicial action, to promptly remove it.
    • By way of example only, We may terminate any relationship (even if contractual) with the infringer and restrict, suspend or terminate him/her access to the services.
    • By accepting these Terms of Sale, you undertake to indemnify us, our employees, directors and any company of our group - including their respective employees and collaborators - against any claim or demand for damages from third parties that may arise from a breach of any of the conditions contained herein, legal obligations or the rights of third parties.
    • In any case, We reserve the right to report misconduct to the competent Police Authorities and to act for compensation for all damages, economic or otherwise, possibly suffered.
  1. FINAL PROVISIONS
    • These Terms of Sale and the documents related to them represent the entire agreement between Us and the users regarding the purchases of products sold on the Platform, there being no other document that may derogate, supplement and modify the general and specific rules for the use of such services.
    • Any waiver of these Terms of Sale and related documents must be in writing and signed by you and Us.
    • If any provision is found to be invalid or ineffective, any such invalidity or ineffectiveness shall not extend to the remaining provisions of the contract.
    • We reserve the right to assign the obligations that may arise under these Terms of Sale at our discretion, giving you a prompt notice.
    • Failure to exercise any of our rights shall not constitute a waiver of any claim for breach of the Agreements or of the present Terms of Sale
  1. APPLICABLE LAW AND JURISDICTION
    • The applicable law to these Terms of Sale – as well as to all legal relations existing between the you and concerning the Orders – is Italian law, with the express exclusion of the rules of international private law relating to conflicts of laws
    • If you are acting as a consumer, in accordance with Italian Law (Legislative Decree) No. 206 of September 6, 2005, Articles 66 et seq:
      • any dispute relating to the application, execution or interpretation of these Terms of Reservation and Sale will be under the jurisdiction of the judge of the place where you reside or have elected domicile if located in the territory of the Italian State;
      • any dispute relating, directly or indirectly, to the conclusion, execution, interpretation and termination of contractual relationships arising from the Orders that cannot be resolved amicably may be referred to bodies for alternative dispute resolution (ADR – Alternative Dispute Resolution).

For these purposes, please note that you can also access the settlement services made available by the European Union through the online platform http://ec.europa.eu/odr.

  • For all other cases, the Court of Milan will have exclusive jurisdiction.

Pursuant to art. 1341 paragraph 2 cod. civ. at the time of acceptance of these Terms of Sale you shall also declare to have read the following clauses and approve it:

art. 1.6.2 (Irrevocability of the Order); art. 10.9 (Exclusion of Warranty); art. 11 (Exclusion of Liability); art. 14.3 (Exclusion of Territorial Competence).