Terms and Conditions of Use

General Terms and Conditions of Sale

 

 

In force from August 31, 2020, on the "Makupenda" e-commerce Platform, owned by Mintea S.r.l.

1. Scope of application and conclusion of the contract
1.1 These General Terms and Conditions of Sale govern the online offer and sale of products and/or services specifically indicated by Mintea S.r.l., through the "Makupenda" Website, hereinafter referred to as "Products".
1.2 The sale of Products through the Website constitutes a distance contract regulated by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, no. 70, containing provisions on electronic commerce.
1.3 These Terms and Conditions of Sale apply to all sales of Products made by Mintea S.r.l. through the Website and do not apply to the sale of products and/or services by Third-Party Sellers accessed via links from the Makupenda website. They may be modified at any time. Any modifications will be effective from the moment of their publication on the Website in the ''Terms and Conditions of Sale'' section, located in the footer of every page of the Website. Users are therefore invited to regularly access the Website and consult the most updated version of the Terms and Conditions of Sale before making any purchase.
1.4 The applicable Terms and Conditions of Sale are those in force on the date of transmission of the purchase order for a Product. 1.5 Before proceeding with the purchase of Products through the Website, the user is required to carefully read these General Terms and Conditions of Sale, which Mintea S.r.l. makes available in the "Terms and Conditions of Sale" section of the Website and which the user is allowed to store and reproduce, as well as all other information that Mintea S.r.l. provides on the Website both before and during the purchase process.
1.6 These Terms and Conditions of Sale do not govern the sale of products by parties other than Mintea S.r.l. who are present on the Website via links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, it is necessary to check their terms and conditions of sale. Mintea S.r.l. is not responsible for the provision of services and/or the sale of products by such parties. Mintea S.r.l. does not perform any control and/or monitoring on the websites accessible through these links. Mintea S.r.l. is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of law by them.

2. Purchases on the Website
2.1 The purchase of Products through the Website can only take place after registration on the Website in the manner described in art. 3 below and is permitted to both users who qualify as consumers and users who do not qualify as such. Individuals are allowed to purchase only if they are over 18 years of age.
2.2 Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that a consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
2.3 In the case of orders, from whomever they come, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made, Mintea S.r.l. reserves the right to take all necessary actions to stop the irregularities, including suspending access to the Website, canceling registration to the Website, or not accepting or canceling irregular orders.
2.4 Mintea S.r.l. also reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) from a user who has previously violated these General Terms and Conditions and/or the terms and conditions of purchase contract with Mintea S.r.l.; (iii) from a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) from users who have provided false, incomplete or otherwise inaccurate identifying data or who have not promptly sent Mintea S.r.l. the documents requested by it within the procedure referred to in articles 9.1.3 and 9.1.4 below or who have sent invalid documents.

3. Website Registration
3.1 Registration to the Website is free. To register on the Website, the user must fill in the appropriate form, entering their first name, last name, email address and a password, and click on the 'Continue' button. If registration occurs during the purchase process, the address, telephone number, and tax code will also be required. Registration to the Website allows the user to perform, through a reserved and personal area, among others, the following activities:
• track order status;
• consult their order history;
• access after-sales assistance services;
• manage and modify their personal data at any time;
• add or modify saved credit card(s) or delete their storage;
• use dedicated services that may be activated by Mintea S.r.l. from time to time.
3.3 Registration credentials (email address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform Mintea S.r.l., by contacting it at the numbers referred to in art. 14 below, in the event that they suspect or become aware of improper use or improper disclosure thereof. Each user is allowed to register on the Website only once. Multiple registrations by the same user are prohibited. If Mintea S.r.l. should detect that the same user has made multiple registrations on the Website, Mintea S.r.l. reserves the right to proceed, immediately and without prior notice, to block the relevant account.
3.4 The user guarantees that the personal information provided during the Website registration process is complete and truthful and undertakes to hold Mintea S.r.l. harmless and indemnified from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the rules on Website registration or on the retention of registration credentials.

4. Information for the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, no. 70, containing provisions on electronic commerce, Mintea S.r.l. informs the user that:
1. to conclude the purchase contract for one or more Products on the Website, the user must fill out an electronic order form and send it to Mintea S.r.l. electronically, following the instructions that will appear on the Website from time to time;
2. the contract is concluded when the order form reaches Mintea S.r.l.'s server;
3. before proceeding with the transmission of the order form, the user can identify and correct any errors in data entry by following the instructions on the Website at the various stages of the purchase;
4. the order form will be stored in Mintea S.r.l.'s database for the time necessary for its execution and, in any case, within the legal terms. The user will be able to access the order form and/or related data through their personal account.
4.2 The language available to users for the conclusion of the contract and for related assistance is Italian.

5. Product Availability
5.1 The Products purchasable from Mintea S.r.l. through the Website are the items present in the electronic catalog published on the "Makupenda" Website at the time of placing the order. 5.2 Each Product is accompanied by an information page illustrating its main characteristics (''Product Page''). By completing the purchase process, the customer then immediately proceeds with the purchase of the product, in the manner indicated on the Website.
5.3 The availability of Available Products is monitored and updated. However, since the Website can be visited by multiple users simultaneously, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear available for a short period, while being out of stock or not immediately available, requiring reordering.
5.4 If the Product is no longer available for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Mintea S.r.l. will immediately notify the user via e-mail ("Unavailability Notification Email"). The user may then immediately terminate the contract, pursuant to and for the purposes of article 61, paragraphs IV and V, of the Consumer Code, without prejudice to their right to compensation for damages, or alternatively and without prejudice to this right, accept one of the following proposals from Mintea S.r.l.:
(i) if a re-stocking of the Product is possible, an extension of the delivery terms, with an indication of the new delivery term for the re-stocked Product;
(ii) if a re-stocking of the Product is not possible, the supply of a different product, of equivalent or superior value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
The Unavailability Notification Email will also contain an indication of the different choice options available to the user. The user's choice must be communicated to Mintea S.r.l. by e-mail, to the address referred to in art. 15 below, within the term indicated in the Unavailability Notification Email, which may vary, also depending on the type of Product, but which, in any case, cannot exceed 30 calendar days from the date the order was sent, unless otherwise agreed between Mintea S.r.l. and the user by e-mail.
5.5 In the event that the user exercises the right of termination referred to in art. 61, paragraphs IV and V, Consumer Code, or in the event that the user, having been notified of the subsequent unavailability and the different choice options, pursuant to art. 5.4 above, does not communicate any choice to Mintea S.r.l. within the term set in the Unavailability Notification Email or within the different term agreed, pursuant to art. 5.4 above, and the payment of the total amount due, consisting of the price of the Product, delivery costs, if applicable, and any other additional cost, as resulting from the order ("Total Amount Due") has already occurred, Mintea S.r.l., without prejudice to the user's right to compensation for damages, will refund the Total Amount Due without undue delay and, in any case, within 14 working days from the day of the contract termination or, respectively, from the day following the expiry of the term indicated in the Unavailability Notification Email or the different agreed term. The refund amount will be communicated to the user via e-mail. In the case of payment via PayPal, this amount will be credited to the same payment method used by the user for the purchase. In the case of payment via credit card, within the same term indicated above, Mintea S.r.l. will proceed with the cancellation of the Payment Authorization, referred to in art. 9.1.1 below, and the release of the Total Amount Due subject to such authorization, it being understood that such release will occur, in any case, automatically, upon expiry of the Payment Authorization referred to in art. 9.1.1 below. Any delays in crediting or releasing may depend on the banking institution, the type of credit card, or the payment solution used. In other cases, Mintea S.r.l. will ask the user to provide, via e-mail, the bank details necessary for the refund. 5.6 In the case of orders concerning multiple Products (''Multiple Order''), if the subsequent unavailability concerns only some of the Products included in the Multiple Order – without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of articles 5.4 and 5.5 above, if the subsequent unavailability concerns all the Products included in the order – Mintea S.r.l. will immediately notify the user via the Unavailability Notification Email. The user may then immediately terminate the contract, limited to the Product and/or Products that have become unavailable, pursuant to and for the purposes of article 61, paragraphs IV and V, of the Consumer Code, without prejudice to their right to compensation for damages, or alternatively and without prejudice to this right, accept one of the following proposals from Mintea S.r.l.:
(i) if a re-stocking of the Products included in the Multiple Order that have become unavailable is possible, an extension of the delivery terms for such Products, with an indication of the new delivery term for them;
(ii) if a re-stocking of the Product and/or Products that have become unavailable is not possible, the supply, in replacement of the Products included in the Multiple Order that have become unavailable, of different products, of equivalent or superior value, upon payment, in the latter case, of the difference and upon express acceptance by the user.
The Unavailability Notification Email will also contain an indication of the different choice options available to the user. The user's choice must be communicated to Mintea S.r.l. by e-mail, to the address referred to in art. 15 below, within the term indicated in the Unavailability Notification Email, which may vary, also depending on the type of Product, but which, in any case, cannot exceed 30 calendar days from the date the order was sent, unless otherwise agreed between Mintea S.r.l. and the user by e-mail.
5.7 In the event that the user exercises the right of termination referred to in art. 61, paragraphs IV and V, Consumer Code, the purchase contract concerning the Product and/or Products that have become unavailable will be partially terminated, limited to such Product/s, with the consequent return, if already paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in art. 10.3 below, and any other additional cost specifically due in relation to such Products ("Partial Amount Due"); the termination of the entire Multiple Order will be possible only in the case of evident and proven ancillary nature of the Products included in the Multiple Order that have become unavailable with respect to the other available Products included in the Multiple Order. The Partial Amount Due in relation to the Product/s that have become unavailable will be refunded to the user without undue delay and, in any case, within 14 working days from the day of the contract termination. In the event that the user, having been notified of the subsequent unavailability and the different choice options, pursuant to art. 5.4 above, does not communicate any choice to Mintea S.r.l. within the term set in the Unavailability Notification Email or within the different term agreed, pursuant to art. 5.6 above, Mintea S.r.l., without prejudice to the user's right to compensation for damages, will proceed with the refund of the Partial Amount Due without undue delay and, in any case, within 14 working days from the day following the expiry of the term indicated in the Unavailability Notification Email or the different agreed term. The refund amount will be communicated to the user via e-mail. In the case of payment via PayPal, this amount will be credited to the same payment method used by the user for the purchase. In the case of payment via credit card, within the same term indicated above, Mintea S.r.l. will proceed with the cancellation of the Payment Authorization, referred to in art. 9.1.1 below, limited to the Partial Amount Due and the release of such amount, or, if this is not permitted by banking procedures, with the debit of the entire Total Amount Due at the time of shipment and the simultaneous refund of the Partial Amount Due to the same payment method used by the user for the initial transaction, it being understood that the release will occur, in any case, automatically, upon expiry of the Payment Authorization referred to in art. 9.1.1 below. Any delays in crediting or releasing may depend on the banking institution, the type of credit card, or the payment solution used. In other cases, Mintea S.r.l. will ask the user to provide, via e-mail, the bank details necessary for the refund. The termination of the purchase contract pursuant to the preceding articles entails the termination of any linked credit contract and any other ancillary contract.

6. Product Information
6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Products on the Website may differ in size or in relation to any accessory products. These images should therefore be considered as indicative and with customary tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall prevail.

7. Prices
7.1 All Product prices published on the Website are in Euros and include VAT. Delivery costs, which may vary depending on the chosen delivery method and/or the payment method used, will be specifically indicated (in Euros and including VAT) during the purchase process, before the user is bound by the contract, in the order summary and in the order confirmation email.
7.2 Mintea S.r.l. reserves the right to change the price of the Products at any time and even, possibly, several times during the same day.

It is understood that the price of the Product to be charged to the user will be that indicated in the order summary, displayed by the user before placing the order, and that any subsequent variations (increases or decreases) after the order has been placed will not be taken into account.
7.3 If a Product is offered on the Website at a discounted price, the Website will indicate (i) the full reference price against which the discount is calculated and (ii) what that full reference price corresponds to. It is understood that the offer of Products at discounted prices will only be made if the full reference price of the Product corresponds to its actual market price.

8. Purchase orders
8.1 The purchase contract is conditionally terminated if the Total Amount Due is not paid or, in the case of payment by credit card, if the Payment Authorization, as per Article 9.1.1 below, is not successful. If such payment does not occur or the Payment Authorization, as per Article 9.1.1 below, is unsuccessful, the contract will therefore be deemed terminated by right. The user will be immediately notified of such termination and the consequent cancellation of the order: (i) immediately after the order is submitted, via the Website, if credit card payment was chosen, and via email; (ii) via email, if the user chose one of the other payment methods made available by Mintea S.r.l., including PayPal.
8.2 Ownership of the Products will be transferred to the user at the time of shipment, meaning the moment the Product is delivered to the carrier. The risk of loss or damage to the Products, due to causes not attributable to Mintea S.r.l., will instead be transferred to the user when the user or a third party designated by them, other than the carrier, physically takes possession of the Products.
8.3 The user may cancel their order before receiving the Shipping Confirmation (as defined in article 9.1.1), provided that the order has not been prepared for the shipping process. In this case, the user will not be charged any costs. The right of withdrawal, under the terms and conditions of subsequent article 11, is in any case reserved. 8.4 In order to send an order for a Product via the Website, it is necessary to read and carefully examine these General Terms and Conditions of Sale.

9. Payment methods
9.0 Payment for Products purchased via the Website can be made using the payment methods described in the following paragraphs. Some payment methods may not be available due to the type of Product purchased and/or the delivery or shipping method. If one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Website no later than the start of the purchase process. Unavailable payment methods will in no case be selectable by the user during the specific step ("Choose payment and continue") of the purchase process.

9.1 Credit card
9.1.1 Payment for Products purchased on the Website can be made by credit card directly via the Website. Mintea S.r.l. The accepted credit cards are, in any case, indicated in the footer of each page of the Website. The Total Amount Due will be immediately reserved on the card but will not be charged until the Products are shipped (the "Shipping Confirmation"). Mintea S.r.l. reserves the right to verify the validity of the credit or debit card, the credit status in relation to the order value, and the correctness of the buyer's address (the "Payment Authorization"). The Payment Authorization is not a charge. Some banks show Payment Authorizations as "pending charges". For more information regarding authorization procedures and the release times of blocked funds, please contact your bank directly.
It is possible that the Payment Authorization for the user's credit card may not succeed on the first attempt. In this case, Mintea S.r.l. will notify the user via the Website and by email.
In the case of a first order and/or modifications to an ongoing order, Mintea S.r.l. may request a payment authorization of EUR 1.00.
Mintea S.r.l. may refuse the order based on the results of these checks.
9.1.2 By checking the box "Save your credit card for future purchases" on the "Make payment" page of the purchase process or by accessing the "Saved credit cards" section of their personal account, the user can authorize the storage of one or more credit card details and their reuse for payment of subsequent purchases on the Website, thereby avoiding having to enter credit card details with each purchase. The user can, at any time, revoke the authorization to reuse credit card details for subsequent purchases, by accessing the "Saved credit cards" section of their personal account and deleting the cards already saved, or, during the purchase process, by clicking on the "Modify" button that appears next to the stored credit cards.
9.1.3 In order to ensure the security of payments made on the Website and prevent any fraud, Mintea S.r.l. reserves the right to ask the user, via email, to send, by the same means, a front/back copy of their identity card and, if the order holder is different from the cardholder, the latter's identity card. The document must be valid. The request email will specify the deadline by which the document must reach Mintea S.r.l. This deadline will in no case exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.
9.1.4 Should Mintea S.r.l. not receive such documents within the deadline specified in the request email, or receive expired or invalid documents, the contract will be deemed terminated by right in accordance with and for the purposes of art. 1456 of the Italian Civil Code, and the order consequently cancelled, without prejudice to Mintea S.r.l.'s right to compensation for any damage it may incur due to the user's non-compliant behaviour. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Mintea S.r.l., will entail the cancellation of the order with the consequent refund of the Total Amount Due, if already paid, by re-crediting the same payment method used. In the event of timely receipt by Mintea S.r.l. of the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of such documentation.
9.1.5 Mintea S.r.l. uses the secure payment service of Banca Di Credito Cooperativo del Catanzarese (BCC del Catanzarese) which involves the use of the SSL security protocol. Confidential credit card data (card number, cardholder, expiration date, security code) is encrypted and transmitted to the payment processor.
9.2 Cash on Delivery
9.2.1 Mintea S.r.l. does not allow purchases on the Website by cash on delivery.
9.3 PayPal
9.3.1 Without prejudice to the provisions of article 9.02 above, payment for Products purchased on the Website can be made using the PayPal payment solution. If the user chooses PayPal as a payment method, they will be redirected to the www.paypal.it website where they will make payment for the Products according to the procedure provided and regulated by PayPal and the terms and conditions agreed by the user with PayPal. The data entered on the PayPal website will be processed directly by PayPal itself and will not be transmitted or shared with Mintea S.r.l. Mintea S.r.l. is therefore unable to know and does not store in any way the credit card data linked to the user's PayPal account or the data of any other payment instrument connected to that account.
9.3.2 In the case of payment via PayPal, the Total Amount Due will be debited by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount will be credited to the user's PayPal account. The re-crediting times to the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order has been issued in favour of that account, Mintea S.r.l. cannot be held responsible for any delays or omissions in crediting the refund amount to the user, to dispute which the user must contact PayPal directly.
9.4 Bank Transfer
9.4.1 Without prejudice to the provisions of Article 9.02 above, payment for Products purchased on the Website may be made by bank transfer. The bank details for making the transfer will be indicated on the "Payments" page, accessible via a specific link from the footer of each page of the Website, and in the order confirmation email. 9.4.2 Payment for Products by bank transfer must be made no later than 7 calendar days from the order date. If this deadline is not met, the contract may be deemed terminated by law, with consequent reimbursement of the Total Amount Due, if paid late. The termination of the contract will be communicated to the user by e-mail and the amount paid will be returned according to the methods referred to in Article 5.5, where applicable.
9.4.3 In the case of payment by bank transfer, the Products will only be shipped after Mintea S.r.l. has received the bank transfer. Consequently, the delivery terms for the Products will start from that date. 9.4.4 To facilitate the linking of the payment received by bank transfer with the order placed, the customer is requested to indicate the order number in the bank transfer description.

10. Delivery methods, costs and terms
10.1 Deliveries of Products are made in Italy and the Republic of San Marino. The delivery obligation is understood to be fulfilled by the transfer of material availability or, in any case, control of the Products to the user.
10.2 An email will be sent to the user at the time of shipment, which will also contain a link with the tracking number through which the user can check the status of the shipment.
10.3 Except for any promotional campaigns advertised on the website, delivery is chargeable and, unless otherwise stated, delivery costs are borne by the user.
10.4 The total price of the order, with a separate indication of delivery costs and any other additional costs, will be indicated in the order summary and, therefore, before the user proceeds with its submission. This total, which will also be indicated to the user in the order confirmation email, will constitute the total amount due by the user in relation to the Product. For every sale made on the Website, Mintea S.r.l. will issue the required tax document. For any invoice issuance, at the user's request, the information provided by the user at the time of order submission via the Website, which the user guarantees to be true, will be considered valid. No changes to the invoice will be possible after it has been issued. The user undertakes to indemnify and hold Mintea S.r.l. harmless from any damage it may suffer, including any penalties, in the event that the data provided by the user via the Website for invoice issuance is not truthful.
10.5 Delivery of Products purchased on the Website will be made to the postal address specified by the user in the order form completed during the purchase process. Products purchased on the Website will be sent and delivered to the postal address indicated by the user in the order form. Home Delivery of the Product is intended at street level, unless otherwise indicated.
10.6 The user acknowledges that collecting the Product is their specific obligation. If the Home Delivery method chosen by the user does not provide for delivery at an agreed time, in case of failed delivery due to the recipient's absence, the courier will leave a notice to document the delivery attempt (so-called "delivery attempt notice"). The notice will also contain contact details where the user can contact them to arrange redelivery or collect the parcel. After the failed delivery attempt, the parcel will be held at the courier's depot. The user is required to collect the parcel within 3 calendar days from the second day following the day on which the delivery attempt notice was left. If the user does not collect the Product within this period, the purchase contract may be deemed terminated by right, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Mintea S.r.l. will then proceed, within 15 working days following the termination of the contract, to refund the Total Amount Due, if already paid by the user, deducting the costs of the failed Home Delivery, storage costs, return costs to Mintea S.r.l. and any other expenses incurred by it due to the failed delivery due to the recipient's absence. The termination of the contract and the refund amount will be communicated to the user by email. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In other cases, Mintea S.r.l. will ask the user to provide, by email, the bank details necessary for the refund.
10.6.1 The user is required to report any particular characteristics relating to the delivery location of the Product and/or its location, by adding a note to the order, in the appropriate space made available at the end of the purchase process and before submitting the order. If the user does not provide such information or provides incorrect information, any additional costs that Mintea S.r.l. may incur to complete the delivery of the Product will be borne by the user.
10.9 Delivery Provisions
10.9.1 During the purchase process, before the user submits the order, the terms within which Mintea S.r.l. undertakes to deliver the Products included in the user's order will be indicated. These terms take into account, in addition to the area and delivery method, the possibility that the user purchases multiple Products with the same order. Delivery terms start from the conclusion of the contract, unless otherwise indicated. The delivery term for the specific order will also be indicated in the order confirmation. In the absence of an indication of the delivery term, delivery will in any case take place within thirty days from the date of conclusion of the contract.
10.9.2 In the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Mintea S.r.l. to make the delivery within an additional period appropriate to the circumstances ("Additional Term pursuant to art. 61, paragraph III, Consumer Code"). If this additional period expires without the Products having been delivered, the user is entitled to terminate the contract ("Contract Termination pursuant to art. 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant Mintea S.r.l. the Additional Term pursuant to art. 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) Mintea S.r.l. has expressly refused to deliver the Products;
b) compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed Mintea S.r.l., before the conclusion of the contract, that delivery by or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, they are entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Contract Termination in Excluded Cases").
The indication of the Additional Term pursuant to art. 61, paragraph III, Consumer Code and the communication of Contract Termination pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases must be communicated by the user to Mintea S.r.l. at the addresses referred to in art. 15 below.
In the event of Contract Termination pursuant to art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, Mintea S.r.l. will refund the Total Amount Due to the user without undue delay.Refunds will be made as set out in Article 10.9.6 below.
In any case, Mintea S.r.l. undertakes to promptly notify the user by e-mail of any delay in delivery ("Delay Notice E-mail"), simultaneously indicating the new delivery date, if available ("New Delivery Date") and, if the user does not set the Additional Term pursuant to art. 61, paragraph III, Consumer Code or, where applicable, terminate the Contract pursuant to art. 61, paragraph III, Consumer Code or terminate the Contract in the Excluded Cases, without prejudice to the user's right to avail himself at any time of such remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Mintea S.r.l. undertakes, in any case, to:
(i) in case of delivery with a delay of between 1 and 3 working days compared to the New Delivery Date, refund the delivery costs, if already paid, to the user who requests it, within 10 working days from the expiry of the New Delivery Date, or not to request payment from the user who requests it, if not yet paid; (ii) in case of delivery with a delay of between 4 and 10 working days compared to the New Delivery Date, allow the user who requests it to refuse delivery and terminate the contract, with consequent refund of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, refund the delivery costs, if already paid, to the user who requests it, within ten working days from the request or not to request payment from the user who requests it, if not yet paid;
(iii) in case of delivery delay exceeding 10 working days compared to the New Delivery Date or, in any case, 20 days compared to the original delivery date, offer the user who requests it, in addition to the provisions of art. 10.10.2 (ii) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to the express consent of the user.
10.9.3 In the event of failure to send the Delay Notice E-mail or failure to set the New Delivery Date therein, all terms referred to in art. 10.9.2 (i), (ii) and (iii) will start from the original delivery date.
10.9.5 The acceptance of the New Delivery Date, in the cases referred to in art. 10.9.2, must be promptly communicated to Mintea S.r.l. by e-mail to the address indicated in art. 14 below.
10.9.6 In all cases referred to in art. 10.9.2 above in which a refund is due to the user, the refund amount will be communicated to the user by e-mail. It will be credited to the same payment method used by the user for the purchase, in the case of payment by credit card or PayPal. In other cases, Mintea S.r.l. will ask the user for the bank details necessary for the refund. Any delays may depend on the bank or the type of credit card used.
10.9.7 It is the user's responsibility to check the condition of the Product delivered to him. Notwithstanding that the risk of loss or damage to the Products, due to a cause not attributable to Mintea S.r.l., is transferred to the user when the user, or a third party designated by the user other than the carrier, physically takes possession of the Products, the user is advised to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials (adhesive tape or metal straps) and is invited, in his interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage are due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows evident signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains unaffected.
10.9.8 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that such subjects place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code. The termination of the contract will be communicated to the customer by e-mail.

11. Right of withdrawal from the purchase of Products
11.1 Without prejudice to the provisions of art. 11-bis.1 below, pursuant to articles 52 et seq. of the Consumer Code, the user who qualifies as a consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reason and without having to incur costs other than those provided for in articles 11.5 and 11.9 below, within a period of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days*:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece; 11.2 To exercise the right of withdrawal, the user must inform Mintea S.r.l., before the expiry of the Withdrawal Period, of his decision to withdraw.
11.3 In order to exercise the right of withdrawal, the user can submit any explicit statement of his decision to withdraw from the contract ("Withdrawal Declaration").
11.3.1 The Standard Withdrawal Form or the Withdrawal Declaration must be sent to the following address: info@makupenda.com 11.3.2 In all cases of exercising the right of withdrawal, regardless of the method thereof, Mintea S.r.l. will send the user an e-mail confirming receipt of the withdrawal request ("Withdrawal Confirmation E-mail"). This e-mail will be accompanied by a PDF document containing (i) a pre-filled label that the user can attach to the package to speed up shipping.
11.4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Withdrawal Declaration, he is invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which he intends to exercise the right of withdrawal and his address. Please note that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium when communicating his withdrawal to Mintea S.r.l.
11.5 The user must return the Products to Mintea S.r.l., using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated his decision to withdraw to Mintea S.r.l. The deadline is met if the user sends back the Products before the expiry of the fourteen-day period ("Return Deadline"). The Product, suitably protected and packaged, must be shipped to the following address: Mintea S.r.l. Via dei Bizantini 235 – 88046 Lamezia Terme - CZ. The direct costs of returning the Products to Mintea S.r.l. are borne by the user. In the case of goods which by their nature cannot normally be returned by post, the Standard Instructions on Withdrawal will indicate the maximum estimated cost of returning such Products, identified by type. Mintea S.r.l.'s Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal from Products, are made available to the user on the Site before the conclusion of the contract, via the link "Right of Withdrawal and Standard Form", also accessible from the Product Page and attached to the order confirmation e-mail referred to in art. 4.1.4 above. The return of the Product to Mintea S.r.l. takes place under the responsibility and at the expense of the user.
11.6 If the user withdraws from the contract, Mintea S.r.l. will refund the Total Amount Due paid by the user for the Product, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which Mintea S.r.l. was informed of the user's decision to withdraw from the contract. The refund will be made using the same payment method used by the user, in the case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, Mintea S.r.l. will ask the user for the bank details necessary to make the refund, unless the user has expressly agreed otherwise. In the event that the user has returned the Products using a carrier at his own expense and choice, using the procedure referred to in art. 11.5 above, Mintea S.r.l. may suspend the refund until receipt of the Products or until the user has demonstrated that he has sent back the Products, if earlier. 11.7 The user is solely responsible for the decrease in value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction sheets, with identification tags, labels and the single-use seal, if present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. The Product must be returned in its original packaging, which must be placed in further packaging, as no other labels or tape can be affixed to it. The Product Page will expressly indicate whether the original packaging is to be considered part of the Product for the purpose of exercising the right of withdrawal.
11.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give rise to any refund. Mintea S.r.l. will notify the user by e-mail within 5 working days of receipt of the Product, rejecting the withdrawal request. The Product will remain at Mintea S.r.l. at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.
11.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Mintea S.r.l. will notify the user of this circumstance and the consequent reduced refund amount by e-mail within 5 working days of receipt of the Product, providing the user, if the refund has already been paid, with the bank details for the payment of the amount due from the user due to the decrease in value of the Product.
11.10 The right of withdrawal does not apply in case of:
- supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and which have been opened after delivery or in case of supply of products which, after delivery, are inseparably mixed with other goods;
- supply of tailor-made or clearly personalized goods;
Specific and express communication of this exclusion of the right of withdrawal will be given on the Product Page as well as during the purchase process, before the user proceeds with the transmission of the order.

12. Legal Guarantee of Conformity
12.1 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").
12.2. To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not qualify as consumers will be subject to the guarantees for defects in the sold item, the guarantee for lack of promised and essential qualities and other guarantees provided by the civil code with the relative terms, forfeitures and limitations.
12.3. When it applies
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself 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 presumed that the defects of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of conformity. Starting from the seventh month after the delivery of the product, it will instead be the consumer's burden to prove that the lack of conformity already existed at the time of delivery.
12.4 In order to benefit from the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the user, for the purposes of such proof, to keep the order confirmation or purchase invoice as well as the delivery note or any other document that can attest to the date of purchase and the date of delivery (for example, the credit card statement or bank statement).
12.5. What is a lack of conformity
There is a lack of conformity when the purchased good:
• is not suitable for the use for which goods of the same type are normally used;
• does not conform to the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
• does not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling;
• is not suitable for the particular use desired by the consumer and which was brought to the seller's attention by the consumer at the time of concluding the contract and which the seller accepted.
12.6 Therefore, any breakdowns or malfunctions caused by accidental events or by the user's responsibility or by a use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product are excluded from the scope of application of the Legal Guarantee.
12.7. Remedies available to the user
In the event of a lack of conformity duly reported within the terms, the user has the right:
- primarily, to the free repair or replacement of the good, at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
- secondarily (i.e., if repair or replacement is impossible or excessively onerous or repair or replacement has not been carried out within reasonable terms or the previously carried out repair or replacement has caused considerable inconvenience to the consumer) to a price reduction or termination of the contract, at his choice.
The requested remedy is excessively onerous if it imposes unreasonable costs on the seller compared to alternative remedies that can be pursued, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.
12.8. What to do in the presence of a lack of conformity
In the event that a Product, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user must contact Customer Service, using the contact details referred to in art. 14 below. Mintea S.r.l. will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect. Depending on the type of product, Customer Service will provide the user with the necessary instructions for solving the problem.
12.9 In the case referred to in art. 12.8, Mintea S.r.l. will collect the Product and send it to the competent service center.
In any case, the competent service center will carry out the necessary checks to ascertain the existence or non-existence of the complained lack of conformity. If the defect exists, if the user has chosen repair among the available remedies, the service center will proceed with the repair. If, on the other hand, the user has chosen replacement and it is not excessively onerous or objectively impossible for Mintea S.r.l. compared to repair, Mintea S.r.l. will replace the Product. If the service center finds the lack of conformity, any repair/replacement costs and transport costs to the service center will be borne by Mintea S.r.l. If the service center does not find the lack of conformity, the Legal Guarantee will not be applicable and, therefore, transport costs and any repair or replacement costs will be borne by the user.Mintea S.r.l. will inform the user of the circumstances and any costs to be incurred for repair or replacement. Mintea S.r.l. reserves the right to send the user the estimate issued by the service center, so that the user can decide whether or not to have the repair or replacement carried out at their own expense. The user must authorize the repair or replacement at their own expense in writing. Following such acceptance, a direct relationship will be established between the service center and the user, to which Mintea S.r.l. will be completely extraneous and for which no responsibility can be attributed to it.
12.10 In all cases, the repair or replacement of defective Products, if due, will be carried out as quickly as possible and, in any case, except in exceptional circumstances or force majeure, within 60 calendar days from the day Mintea S.r.l. received the defective product. If the replacement or repair initially chosen is not carried out within this period, the user may request one of the alternative remedies provided for by the Legal Guarantee (replacement, if repair was requested; repair if replacement was requested; price reduction or contract termination).
12.11 Mintea S.r.l. reserves the right to ask the user to attach the invoice relating to the order to the request to avail of the Legal Guarantee of Conformity.

13. Manufacturer's Conventional Guarantee
13.1 Products sold on the Website may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("Conventional Guarantee"). The user can only enforce this guarantee against the manufacturer. The duration, extent, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
The Conventional Guarantee is voluntary and does not replace, limit, prejudice or exclude the Legal Guarantee.

14. Customer Support and Complaints
14.1 It is possible to request information, send communications or submit complaints by contacting Mintea S.r.l.'s customer service ("Customer Service") in the following ways at the following addresses:
by e-mail, at info@makupenda.com;
by telephone, at 0968359641;
by post, writing to Mintea S.r.l. Via dei Bizantini 235, 88046 Lamezia Terme (Cz)
via the Website, by accessing the "Contacts" section;
14.2 Mintea S.r.l. will respond to complaints by e-mail or post within a maximum of two days from receipt thereof.

15. Applicable Law; Out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution 15.1 The purchase contract concluded on the Website is governed by Italian law.
15.2 The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
15.3 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile shall have jurisdiction.
15.4 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n. 206 (Consumer Code), Mintea S.r.l. informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, that, if he has submitted a complaint directly to Mintea S.r.l., following which it has not been possible to resolve the dispute, Mintea S.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself. Mintea S.r.l. also informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address //ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved. In any case, the right of the consumer user to take legal action before the competent ordinary court for disputes arising from these Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promoting an out-of-court settlement of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code, are reserved. The user residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.