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Conditions of sale

CONDITIONSOFSALE

The purchase is granted to all users, with the acceptance of the conditions of sale set out below, including the information on the processing of personal data.

MYHOME pursuant to and for the purposes of art. 7 and 12 of the Legislative Decree. n. 70 of 04.09.2003, communicates the following information to users: the provider of the Services covered by the General Conditions is

Dimensione Casa SRL, registered office in Via Enrico Mattei,24 40054 – Budrio (BO), and administrative headquarters in Via Giovanni Papa XXIII,17 – Budrio (BO).

VAT number 02147181206 registered at the Chamber of Commerce.

Special Notice to Consumers

Registration is permitted only to consumer users, natural persons, who are of legal age. By “Consumers” we mean natural persons who access MYHOME for purposes not related to any commercial, entrepreneurial or professional activity carried out. Therefore, the provisions contained in the Legislative Decree will be applicable. n. 206 of 6.9.2005 (“Consumer Code”), in addition to those generally applicable to the type of service provided by MYHOME pursuant to Legislative Decree. n. 70 of 9.4.2003 on information society services and electronic commerce.

1. General conditions and scope of application

The General Conditions relate to sales made by MYHOME.
These General Conditions of Sale may be modified at any time. If the user does not accept the changes to the conditions, he can withdraw by communicating by registered letter with acknowledgment of receipt, or by e-mail with 7 days notice. As regards orders placed on MYHOME, the General Conditions of Sale in force on the date of sending the order apply.

2. Pre-contractual information

In compliance with Legislative Decree 9 April 2003, n. 70, containing provisions on electronic commerce, MYHOME informs the user that:
2.1 to conclude the purchase contract for one or more products on the Site, the user must complete an order in electronic format and send it to MYHOME, electronically, following the instructions that will appear from time to time on the Site and which will accompany the different purchase stages.
2.2 the contract is concluded when MYHOME registers the order, after verifying the correctness of the data relating to the order and payment.
2.3 The user will be able to modify/correct any data entry errors by following the instructions indicated during the purchase phases on the site, this possibility remains present until the order is sent.
2.4 Once the order has been registered, MYHOME will send a confirmation email to the email address indicated by the user, the latter containing information relating to the characteristics of the product purchased, a detailed indication of the price, the method payment used, shipping costs and any additional costs. It is recommended that you keep the e-mail received as proof of purchase or store it on a durable medium.

3. Conditions and terms of purchase

3.1 On the Website All prices indicated are expressed in Euros (€) and include VAT. Shipping costs are explicitly indicated and include VAT. These costs are separately highlighted on the order.
3.2 The user will be charged the price of the product indicated on the Site only when the order has been sent by him.
3.3 Until the purchase price and expenses have been paid by the user, the products will remain the property of MYHOME.
3.4 MYHOME will proceed to initiate the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order.
3.5 If orders are submitted from users for whom disputes are pending or in the case provided for in art.5, MYHOME reserves the right not to confirm such orders.

4. Availability

4.1 In the event that the ordered product is no longer available, for reasons beyond MYHOME’s control, following the registration of the purchase order, the user will be promptly informed by e-mail, the order will be canceled and MYHOME will refund the sum paid by the user, including shipping costs if payment has already been made. The refund amount will be communicated by e-mail, and credited to the same payment method used for the purchase.
4.2 The value date of the re-credited amount will be the same as the debit. MYHOME is not responsible for any delays in crediting, which depend on the banking institution or the type of credit card used.

5. Delivery

5.1 Deliveries of orders are made throughout the Italian territory within 40/50 days from the time of the order, to the address indicated. As regards San Marino, Livigno, the smaller islands and the Vatican City, a supplement specified in the order definition phase will be applied. For abroad, the cost of transport will be calculated by our customer service upon request
5.2 Delivery times are those indicated in the order and specified in the confirmation. Delivery terms are expressed in working days
5.3 Upon delivery of the products to the carrier, in the my orders section it will be possible to view the tracking of the shipment. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays. In relation to the type of product, the customer can be contacted by our forwarder to fix the appointment.
5.4 The user will be contacted by MYHOME in order to be informed of the delay in delivery times caused by causes of force majeure. MYHOME cannot be held responsible in any way for any delays due to third party actions and/or causes of force majeure.
5.5 When the product is made available to the user, at the address specified, the delivery will be considered completed in the order.
5.6 If the delivery of the goods is impossible due to structural impediments to access to the final destination, not duly reported by the customer, the additional costs for making the delivery will be charged to the customer.
5.7 In the event of the recipient’s absence at the address specified at the time of delivery, the courier will leave a document (non-delivery notice) to certify the delivery attempt.
5.8 The document will indicate the data that the user must use to contact the courier and define an appointment for the second delivery attempt. After one or two unsuccessful deliveries due to the customer’s absence at the delivery location, the package will go into storage and MYHOME Customer Service will contact the user in order to unblock the storage and ensure that the delivery takes place. happen as soon as possible. If this attempt is also unsuccessful, the purchased product will be returned to MYHOME.
After thirty days from the date on which the product was sent back to MYHOME, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 c.c. MYHOME will refund the sum paid by the user, net of the costs of unsuccessful delivery of the product, as well as the costs of returning the same to MYHOME and storage costs. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited back to the payment method used by the user for the purchase. In the event that, before the expiry of thirty days, the user requests to receive the purchased product again, MYHOME will proceed with the new delivery after charging, in addition to the costs thereof, the costs of returning the product to MYHOME and the storage costs . Finally, it will be up to the recipient to check the conditions of the delivered product.
5.9 In the event that the number of packages (packaging) is inaccurate or the packaging shows obvious signs of tampering or alteration, the courier’s waybill must be signed with a “subject to signature” specifying the reason.

6. Termination of the contract

6.1 The user who has purchased products through the Site has the right to terminate the contract concluded with MYHOME, without any penalty and without specifying the reason, within 14 days from the date of receipt of the goods, unless otherwise specified. In the event of the purchase of several goods through a single order but delivered separately, the 14-day period starts from the date of receipt of the last product ordered. The withdrawal can be exercised and communicated in the following way:
A) through the appropriate “Return” function, which can be activated by sending an email to info@outletmyhome.com, entering the order number of the product/s that the user wishes to return and specifying these products.
B) by giving notice of withdrawal by registered letter with acknowledgment of receipt sent to MYHOME, to the following address:
Dimensione Casa S.r.l. Via Papa Giovanni XXIII,17 – Budrio (BO)
The communication must include the following data:
§ Date of receipt of the goods
§ Invoice number
§ Article description
The withdrawal can also be anticipated by e-mail to the email address info@outletmyhome.com on condition that the communication of withdrawal is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
MYHOME, having checked the return conditions, will send a return authorization email specifying the instructions to follow to return the products and the destination of the goods. The choice of the shipper who will take care of the return is made by the user.
With the exception of non-compliant or damaged products (see: chapter 9), the return costs will be borne by the user.
The refund method will be the same used by the user when ordering.
The refund method will be the same used by the user when ordering.
The user must include in the package: a copy of the invoice confirmation and the date of receipt of the goods. Once the intact goods have been received, MYHOME will refund the user for the returned goods within 14 calendar days.
6.2 For all the methods of exercising the withdrawal, the products must be returned intact and suitably packaged, preferably in their original packaging which is recommended to be kept, accompanied by any accessories; for any further information contact info@outletmyhome.com.
6.3 Pursuant to art. 57, paragraph II of the Consumer Code, the user is responsible for the decrease in the value of the products resulting from a handling of the products themselves different from that necessary to establish the nature, characteristics and functioning of the goods. In this case MYHOME reserves the right to ask the user to reimburse the decrease in value found.
6.4 In order to exercise the right of withdrawal, the goods to be returned are not required to be insured against theft and accidental transport damage. However, since the risk inherent in the return of the goods lies with the buyer, MYHOME invites the buyer who intends to exercise the right of withdrawal to insure, at his own expense, the shipment for the value indicated in the order confirmation email of purchase.
6.5 In accordance with art. 56, paragraph III of the Consumer Code, only after the product has been returned or only after having verified that the user has sent the goods back, MYHOME will proceed, in the shortest possible time, with the user’s refund.
The amount to be refunded will be credited through the same payment system used for the purchase, unless otherwise agreed with the user.
The value date of the refunded amount will correspond to the same as the debit.
6.6 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, in the event that the sale concerns products made to measure or personalized or which by their nature cannot be returned or which risk deteriorating or rapidly perishing, or sealed goods which are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

7. Methods of payment

7.1 Payment for products purchased on the Site is made using the following methods:
Paypal: allows you to pay by credit/prepaid card or through the customer’s Paypal account (rechargeable by bank transfer or credit/prepaid card). Paypal does not involve any additional cost for the customer.
– Cash on delivery: through MYHOME, the customer will also be able to pay on delivery, once the products have been chosen and the cart has been completed he can proceed to confirm his order, to pay on delivery he can select the “CASH ON DELIVERY” payment method. The Customer is required to make a deposit by bank transfer for an amount equal to 50% of the total; the remaining 50% will be paid directly upon delivery. The payment of the balance must be made to the courier with a cashier’s check payable to Dimensione Casa s.r.l. (bank checks or cash will not be accepted by the courier). The cash on delivery payment option is valid for all offers on the site and is only available in Italy.
Warning: if the selected items have different delivery dates, the deliveries will differ from each other. Warning: if the selected items have different delivery dates, the deliveries will differ from each other.
Bank Transfer: it is possible to pay by bank transfer. The bank transfer through the website www.outletmyhome.com is simple, safe and immediate. Once the products have been chosen and the cart completed, the customer can proceed to confirm the order. To pay by bank transfer, you will have to select the “BANK TRANSFER” payment method: at the time of payment, the customer will need to make sure that you have the ABI code of your bank on hand and all the data necessary for accessing your system. Home Banking.
7.2 The credit card used by the user for payment will not be charged at the time the order is transmitted. The charge will be made only after (1) the details of the credit card used by the user for payment have been verified and (2) the company issuing the credit card used by the user has released the debit authorization .
7.3 An invoice will be issued for each order.
7.4 In the event of missed payments, MYHOME will charge the costs relating to the management of the outstanding amount to the user and will refuse the relevant purchase order, communicating this by e-mail.
7.5 MYHOME, at its sole discretion, reserves the right not to accept certain payment methods.

8. Non-conformity of products and related guarantees

The products offered on the Site comply with the national and community legislation in force in Italy.
The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to view them
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is reserved for consumers.
In the event of a lack of conformity of the products purchased with respect to the description published on the Site, the user has the right to have the product repaired or replaced, without any additional expense, where this is possible in relation to the number of specimens still available for sale and unless the replacement or repair are not excessively burdensome for the seller in consideration of the value that the goods would have, if there were no lack of conformity, and the entity of this defect. Alternatively, the user has the right to terminate the contract or reduce the price, in accordance with the following provisions.
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent 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. In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
In the event of termination of the contract, MYHOME will return the price paid by the user, in addition to shipping costs and any additional costs.
In the event of a price reduction, MYHOME will refund the amount of the reduction previously agreed with the user.
In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase.
The user must agree with MYHOME Customer Service on the shipping methods for the goods.
Products repaired, modified or in any way altered by the user are excluded from the Legal Guarantee. Any faults or malfunctions or defects of any other type caused by accidental events or by the user’s responsibility or by use of the product that does not comply with its intended use and/or with the provisions of the documentation are also excluded from the scope of the Legal Guarantee technique attached to the product, where existing, or in the instructions for use relating to the same.
The conventional guarantees relating to the products sold are those provided directly by the manufacturer.
Under no circumstances can MYHOME be held responsible for failure to fulfill any of the obligations deriving from these General Conditions in the event that the failure is caused by unforeseeable circumstances and/or force majeure, including, but not limited to, , natural disasters, terrorist acts, network malfunctions and/or blackouts.

9. Obligations and responsibilities of MyHome

If errors are found in the description of the products published on the site, MYHOME will make the correction as soon as possible. The report must be sent by mail to info@outletmyhome.com.
MYHOME is not responsible in case of damage, of any nature, resulting from the installation and/or use of the product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage resulting from unforeseeable circumstances or force majeure.
MYHOME will not be responsible in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or in any case connected to the contracts subject to the General Conditions. MYHOME’s liability, in any case, cannot exceed the total value of the purchase order.
In no case can MYHOME be held responsible for failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions, in the event that the failure is caused by fortuitous circumstances and/or force majeure, including, to by way of example only, natural disasters, acts of war, network malfunctions and/or blackouts.

10. Service suspended

MYHOME reserves the right to temporarily suspend, without any prior communication, the provision of the Services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the Services themselves.
MYHOME reserves the right, at any time, to interrupt the provision of the Service if motivated security reasons or violations of confidentiality arise, in which case notifying the user.

11. Proprietary Rights and Content

For the following entries, which describe the contents published by MYHOME, logo, images, photographs, texts, music, drawings, documents, videos, software, graphic settings, layouts, tools, characters, diagrams, methods, processes and any other type of material and format, duplication, distribution, sale, modification, reproduction and any type of exploitation for commercial and/or advertising purposes is prohibited.
All contents are protected by copyright and all individual property rights of MYHOME. Under no circumstances is it possible to modify, copy or adapt the website and the material contained within.
Any use of the distinctive signs mentioned above not in compliance with the law, as unauthorized, is prohibited. It is in no way permitted to use any distinctive sign present on the Site to unduly take advantage of the distinctive character or reputation of these or in such a way as to cause damage to them and their owners.

Pursuant to the Consumer Code, Chapter I of Title III of Part III