These terms and conditions of sale (hereinafter referred to as the “Conditions”) will govern the purchase of products, which takes place directly between Minox and the natural or legal person that purchases or agrees to purchase from Minox (hereafter referred to as the “Customer”) either through the online store of Minox or through direct relations with the company or a representative of the latter.
“Order Confirmation” shall mean the written acceptance of Customer’s order by Minox; “Minox” shall mean Minox S.r.l., a limited liability company with its registered office based in Minervino Murge, Contrada Chianche Z.I., on the Commercial Register of Companies of Bari under number 332248; “Description” shall mean the products listed on the websites www.minoxsrl.it and www.ilfustino.it. The Customer’s rights contained herein are an addition to all rights and remedies granted under the applicable rules designed to ensure consumer protection.
Scope of application
These Conditions apply to all contracts for the sale of Products by Minox to Customers, as defined above. These Conditions exclude the application of any other conditions, unless otherwise agreed in writing with Minox. All Product orders shall be considered as an offer to buy such Products by the Customer governed by these Conditions. Minox will accept the Customer’s offer to purchase under these Conditions by issuing an Order Confirmation to the Customer. The Customer shall in turn check the Order Confirmation and promptly contact Minox in the event that it detects any errors or deviations from the purchase offer, otherwise Minox will produce and deliver the Product to the Customer on the basis of the Order Confirmation, which will therefore be binding.
Minox estimates will only be valid if in writing and for a period of 5 working days from the date of the estimate, unless otherwise stated in the estimate itself. Since Minox policy provides for continuous Product improvement, Minox reserves the right to modify the features of the Products listed on the Order Confirmation, while ensuring in any case at least an equivalent level of functionality and performance.
Price & Payment
The price to be paid by the Customer will be indicated in the Order Confirmation as well as on the invoice issued by Minox, besides the methods of payment granted to the Customer. Payment of invoices must be made in the manners, methods, terms and conditions specified therein; once the set deadline has elapsed, the commercial interest rate will commence without prior notice pursuant to Legislative Decree 231/2002
The delivery date specified in the Order Confirmation shall be deemed as indicative. The place of delivery is as stated in the Order Confirmation. In case of non-delivery by Minox – due to unavailability of the product – within 30 calendar days from the day following the date of delivery specified, Minox will inform the Customer and will provide for a refund of any sums having already been paid by the Customer, unless the latter does not agree to receive the delivery at a later date after said period of 30 calendar day. Any lacks, errors or damages concerning the packages of the Products shall be reported on the packaging list before signing the latter and promptly notified in writing to Minox.
Ownership & Risk
The ownership of the Products shall be transferred to the Customer only upon full payment of the price. In the event of breach of these Conditions by the Customer, Minox will be entitled to regain possession of the Products at any time before the ownership thereof is transferred to the Customer. The risk on the Products is thus taken on by the Customer or its representatives at the time of delivery. The risk on the Products will be taken on by the Customer or its representatives at the time of delivery.
Acceptancve and withdrawal right
Customers will be entitled to exercise the right to terminate the contract with Minox within 8 (eight) working days (all days except Saturdays, Sundays and national holidays) starting from the date of execution of the contract by Minox, by notice to Minox to be sent by registered mail, fax or certified mail (CEM), provided that it is confirmed by acknowledgment of receipt within the following 48 hours. The aforementioned communication shall include the Customer’s address, postal code, fixed telephone number, mobile phone number, e-mail address and fax number, where possible. The Customer will lose his right to cancel the Products if it begins to use them making them unsuitable for sale. The Products shall be returned at Customer’s risk in good condition and in their original packaging. Minox shall refund the purchase price within 30 calendar days of receipt of the notification referred to above, subtracting the cost of return and compensation for damage to the Product as well as a fair compensation for any damage or loss of Products resulting from the Customer’s acts or omissions. In all cases of return of the Products as a result of exercising the right of withdrawal, Minox will provide for the collection of the latter at the Customer’s address, through its couriers within a reasonable period of time, in any case not less than 10 working days from receipt of the notification referred to above. Before the withdrawal, Minox will contact the Customer either directly or through its couriers, in order to agree on the timing and practical modalities of the withdrawal. In the period between the notice of exercise of the right of withdrawal and the withdrawal of the Product, the Customer shall keep the Product with due diligence. The direct costs relating to the withdrawal of the Product shall remain the responsibility of the customer.
Privacy & Data Protection
The Customer’s personal data obtained by Minox will be kept and processed in accordance with the applicable laws. Minox will be entitled to share the Customer’s personal data with group companies, agents or and subcontractors performing the Services on behalf of Minox. Minox will also be entitled to transfer the Customer’s personal data to affiliated companies or agents or sub-contractors performing the Services on behalf of Minox. The Customer consents to the processing of its personal data in accordance with the foregoing.
Limitations to the liability of Minox to the Customer and other entities
Minox will accept liability for any reasonably expected loss being a direct consequence of the failure to fulfil its obligations in accordance with these Conditions. However, Minox will not be deemed liable in the event that the factual causes or potential causes of loss: are not reasonably foreseeable by both parties; and / or are known to the Customer, but not to Minox, prior to the occurrence of the loss; and / or arising from any non-ordinary use of product; and / or are reasonably expected and foreseeable by the customer, as for example those caused by failure to read and / or observe the user instructions / Product information. In proposing a lawsuit against Minox for one of such losses, the Customer shall act reasonably and take the precautions necessary to avoid or mitigate any existing losses – e.g. promptly informing Minox as soon as it becomes aware of any problem. Within the limits established by the applicable law, the maximum liability of Minox to the Customer under or in connection with these Conditions shall not exceed the total value of the Products and / or Services ordered by the Customer.
Circumstances beyond the control of Minox
Minox shall not be deemed responsible for any delay or non-performance of its obligations in accordance with these Conditions if such delay or non-performance was caused by an event of force majeure or any such events beyond the reasonable control of Minox, such as, by way of an example, but not limited to: strike actions of third parties, terrorism, war, natural disasters, adverse weather, unforeseeable discontinuation of production or transport by Minox providers.
Applicable law and jurisdiction
These Conditions are governed by the Italian law and the court having jurisdiction is the court of Bari. The application of the Vienna Convention on the International Sale of Movable Goods is expressly excluded by this Agreement.
Minox guarantees its products for a two-year period starting from the date of purchase. The working and safety guarantee of the product for its intended use, however, depends on the proper and careful application of the instructions provided by the company.
The warranty period offered starts from the date of purchase. Minox provides for free replacement of any defective parts.
The warranty becomes void in the event of:
- Non-compliance with the instructions for use
- Unauthorized changes to the product or relating accessories
- Unauthorized repairs
- Use of non-original or non-specific spare parts
- Improper use of the product in question
Minox will repair the Product using new components or equivalent to new ones in accordance with industry standards and practices.
Minox excludes from the warranty cover the parts subject to normal wear and tear resulting from use. Any damage caused by transport must be reported or, if hidden, they shall be communicated within a maximum of seven days from the date of receipt of the product.