In this Contract the following words shall have the meaning ascribed to them:
1.1. “Website” shall mean the Mivv Outlet website, for the sale of out of production exhausts, vintage exhausts, special parts and merchandise by Mivv S.p.A.
1.2. “Customer” shall mean the person (either natural or legal) making a purchase on the Website, accepting the general terms of sale.
1.4. “Order” shall mean the request form of the goods on sale, filled in by the Customer on the Website.
1.5. “Products” shall mean the goods on sale on the Website according to the general terms of sale.
1.7. “Final price” shall mean the amount to be paid for the sale of goods, including shipping charges.
1.8. “Contract” shall mean the contract by remote sale of the products, according to the general terms of sale.
1.9. “Parties” shall mean Mivv S.p.A. and the Customer.
2.1. Products are sold according to the terms and conditions provided by the Contract published on the Website at the time of the Order.
2.2. The Contract shall be deemed entered into and binding for the Parties upon transmission by Mivv S.p.A. of the order confirmation to the e-mail address of the Customer, specified by the latter during the registration to the Website.
2.4. Prices and products are subject to change, without any notice.
3.1. The delivery of the Products to the shipping address specified by the Customer in the Order will be arranged by means of a courier company.
3.2. Products will be delivered within 24/48 hours in Italy and within 2 and 12 working days in Foreign countries, running from 24 hours after the date in which the Order was received by Mivv S.p.A. Delivery days are provided only as a guide and are not strictly binding for Mivv S.p.A.
3.3. At the time of delivery, the ownership and the risk concerning the transport of the Products are transferred to the Customer.
4.1. To purchase the Products, the Customer shall provide the necessary data for the execution of the order and the shipping/delivery of the Products. The Customer shall be responsible for providing complete, correct and true data as to personal details, personal addresses and any other information useful for executing the Order. The registration to the Website by the Customer is not mandatory, but it’s useful to speed up the orders after the first one and allows the Customer to access his personal area inside of Mivv Outlet.
4.2. The Customer shall pay the Price of the purchased Products and shall keep copy of the purchase order confirmation, sent by Mivv Outlet to the e-mail address provided by the Customer during his registration to the Website.
5.1. Prices are expressed in Euro (€) and include the Value Added Tax (VAT) in force for the different product categories.
5.2. The total price resulting upon completion of the Order includes the shipping costs.
5.3. The payment of the Price shall be made:
6.1. The parties shall not be held responsible for the delay in the fulfilment of their obligations, in compliance with the Contract, in the event such delay is caused by circumstances which go beyond their reasonable control. The Party affected by the impediment shall be entitled to have a time extension necessary to fulfil such obligations.
7.1. Trademarks, logo, and other characteristic marks of any kind used in the Website belong to their respective owners.
7.2. The use by unauthorised third parties of trademarks, logo, and other characteristic marks – including their reproduction on other websites – is prohibited.
7.3. All the website contents (texts, graphics, animation and images) are protected by copyright.
8.1. In compliance with art. 5 of Legislative Decree No. 185 of 22 May 1999 and with Legislative Decree No. 50 of 15 January 1992, the right of withdrawal lies in the fact that the Customer is entitled to terminate the Contract, returning the purchased Products with the ensuing refund of the Price paid.
8.2. The right of withdrawal can be exercised by any natural person who acts for purposes that cannot be directly referred to the professional activity carried out. Therefore, retailers and firms are excluded from the exercise of such right.
8.3. The right of withdrawal can be exercised by sending, within 15 working days, a recorded delivery letter with advice of delivery, to the following address: Mivv S.p.A. – Zona industriale – 64027 Sant’Omero (TE) – Italy. Such notice can be sent also by e-mail ([email protected]) or by fax to the number +39 0861 8120240.
8.4. In order to exercise the right of withdrawal the purchased Products shall be returned in good state of preservation and complete with original labels. The returned products must be accurately packed in order to protect the original covers from any damage, writing or labelling.
8.5. Products shall be returned to the following address: Mivv S.p.A. – Zona industriale – 64027 Sant’Omero (TE) – Italy.
The refund of the amount paid or the replacement of the Products shall be made in about 30 days from the receipt of the return goods, upon control of the state of the preservation.
8.6. The refund shall not include transport costs, related to both the initial delivery of the goods and the subsequent return.
8.7. For products purchased in the Outlet section, discounted or customized products, customers are not entitled to any refund.
In any event, the customer can ask for:
For any further information please refer to the “General Information” section.
9.1. Data provided by the Customer necessary for the performance of the Contract are processed in compliance with provisions set forth in Legislative Decree 2003 No. 196 concerning “Personal Data Protection”.
For any further information in this regard please refer to the “Privacy policy” of this Website.
10.1. This Contract supersedes all prior contracts, agreements and covenants between the Parties and together with the Order, the general terms concerning the use of the Website and the terms concerning the registration services it constitutes the entire agreement between the Parties relating to the subject matter hereof.
10.2. Any change or amendment to the Contract shall be accepted in writing by both Parties.
11.1. All notices between the Parties shall be in writing and sent to the address of the other party specified in the Contract and in the Order. Notices sent to the e-mail address of the other party – specified on the Website and in the Order – shall be intended as sent in writing.
11.2. Notices concerning the validity or the existence of this agreement shall be made exclusively by hand delivery or sent by registered letter with advice of receipt.
12.1. The sale Contract is drawn up in Italian and in English. In case of any discrepancy in the translation the Italian language version shall prevail.
13.1. The Contract shall be construed in accordance with and governed by the laws of Italy.
13.2. The Parties hereto agree that the application to this Contract of the UN Convention on Contracts for the International Sale of Goods is expressly ruled out.
13.3. Any dispute which may arise from the Contract or in relation to it shall be referred to the jurisdiction of the Court of Teramo, Italy.