Sales conditions

INTRODUCTION

The distance selling of “MYESTRO” brand products through the www.myestro.it website (hereafter referred to as the “Website”) is governed by the following General Terms of Sale (hereinafter referred to as the “General Terms”). Products offered on the Site are sold directly by MyEstro S.r.l.. (hereinafter referred to as “MYESTRO”). MyEstro S.r.l. is a company incorporated under the Italian law, with registered office in Milan, Via Lanzone 2, 20123, P.Iva 10951130961. In order to meet the needs and expectations of its customers, MyEstro S.r.l. has decided to create, alongside its network of direct and exclusive points of sale, a network for distance selling of some of its products through its Website, offering a selection of certain categories of “MYESTRO” products. The list of “MYESTRO” products offered for distance selling can be found on our Website.

The use of the distance selling service described in these General Terms of Sale is restricted exclusively to consumers (hereinafter referred to as the “Customers” ) understood as natural persons who act for purposes not related to their trade, business, craft or any professional activity they perform, who are aged over 18 (or, if a minor, authorised by their legal representative).

Products offered for sale on the Website can be made anywhere in the world.

The languages used for concluding sale agreements through this Website are: Italian and English.

Any resale, rental or transfer of products purchased from the Website for any whatsoever commercial or professional purpose is expressly prohibited.

These General Terms of Sale are published on the Website for the information of the Customer and to enable their storage and reproduction by the Customer pursuant to art. 12, paragraph 3, of Legislative Decree No. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market), and following additions and amendments.

MyEstro S.r.l. may amend and/or make additions to these General Terms of Sale at any time. Customers are therefore required to accept only the General Terms of Sale in force at the time of purchase. Any changes and/or additions will be effective exclusively with respect to the purchase orders made following the date of the amendment and/or addition. The elimination of these General Terms of Sale from the www.myestro.it website shall imply their automatic and irrevocable unenforceability and ineffectiveness against MyEstro S.r.l. in relation to the purchases made following their elimination from the Website, even in the event that said General Terms of Sale were still available and/or accessible to the public through other websites.

PURCHASE PROCEDURE

Each product offered for sale on the Website can be viewed using a special link to photographic images of the article together with the unit price, colours and different sizes (where relevant). Information regarding “MYESTRO” products offered for sale through the Service is provided in accordance with applicable legislation, in particular Articles 49 and 51 of Legislative Decree No. 206 of 6 September 2005, as amended by Legislative Decree No. 21 of 21 February 2014 (hereinafter referred to as “Consumer Code”).

Each sale concluded by MyEstro S.r.l. through the online distance selling service (the “Service”) can involve one or more products, up to a maximum of 4 units of each article, except if otherwise provided for during the different steps of the purchase procedure for single items. MyEstro S.r.l. reserves the right to amend, at any time, limits on the amount and/or type of products that may be purchased through the Service.

Customers may choose the articles of interest to them. A description of products for sale, including the measures or sizes (where relevant), together with one or more photographic images in digital format providing a true representation of products available on the Website, shall be included in the Customer’s shopping cart.

While MyEstro S.r.l. is constantly adopting measures to ensure that photographs displayed on the Website are faithful reproductions of original products, including the adoption of every technological solution possible to minimise inaccuracies, some variations are always possible due to the technical characteristics of the colour resolution of the computer used by the Customer. Accordingly, MyEstro S.r.l. shall not be liable for any inadequacy of the graphic representations of “MYESTRO” products displayed on the Website if arising from such technical limitations.

To view selected items and the total price of the purchase order (hereinafter referred to as “the Order”), click on the icon in the shopping cart. Prior to confirming the Order, Customers are required to verify the accuracy of the contents of their shopping cart, complete the purchase form according to the instructions on the corresponding page of the Website and confirm that they have read and accepted these General Terms.

The purchase procedure is completed when the Customer selects the “proceed” option (hereinafter referred to as “Order Confirmation”). The purchase procedure must be fully completed, otherwise the content of the shopping cart will be cancelled at the end of each shopping session.

Customers must follow the instructions contained in the Website if they need to make any changes (for example to an indicated article or to the number of articles) or to correct any errors in their Order.

Following Order Confirmation, the Order shall be sent directly to MyEstro S.r.l.. The Order shall be filed in the MyEstro S.r.l. order management system held by its own service provider. Customers may check the status of their Order as provided in Article 6.7 below. Without prejudice to any uses of data for purposes other than the purchase as described in the privacy policy statement published on the Website and subject to the prior express consent of the Customer, the purchase order form and Customer data concerning said Order shall be kept by MyEstro S.r.l. for the period provided for by applicable legislation.

On conclusion of the purchasing procedure, it is recommended that Customers download, save or print the General Terms in force at the time the Order is placed. As provided at Article 51 of the Italian Consumer Code, Customers shall also receive an email message (hereinafter the “Confirmation E-mail”) at the address indicated on the purchase form containing confirmation of the conditions of the purchase, , such as: written confirmation of the product ordered, together with an indication of its principal characteristics, data on MyEstro S.r.l. as specified in Article 12 of these General Terms, the total price of the product, the methods of payment or any amount already paid by the Customer, the existence of a right of withdrawal and relevant methods of exercising the right, the geographical address for any complaints, information on support services, the date by which MyEstro S.r.l. undertakes to deliver the ordered product, the existence of a legal guarantee of conformity of the products and the cost of use of the Website where such cost is to be calculated on a basis other than the base rate.

MyEstro S.r.l. reserves the right to reject Orders placed by a Client with whom litigation is pending in relation to a previous Order, in which case no Order must be understood as accepted by MyEstro S.r.l. and no contract must be understood as being concluded between MyEstro S.r.l. and the Customer. MyEstro S.r.l. also reserves the right to refuse to accept orders placed by Customers deemed unsuitable, including, by way of example, Customers having committed breaches to the general terms of sale during previous purchases of products from the Website, or Customers that intend to purchase the products for purposes related to their own or others’ business or professional activities, or fail to operate on the basis of an actual and genuine interest in the purchase of the products ordered, or exercise the right of withdrawal established in paragraph 8 hereunder in an abusive manner, or for any other legitimate reason, particularly if the Customer has been involved in fraudulent activities of any kind. In such cases, the Order sent by the Customer shall be understood as void and without effect. MyEstro S.r.l. shall transmit to the Customer, by email, a communication indicating its non-acceptance of the Order and the non-conclusion of the contract, and shall ensure that any debit and/or sum charged to the Customer is cancelled. MyEstro S.r.l. shall inform the Customer of any inability to accept the Orders received within 30 days of the date of actual receipt of the order and shall refund any sums already charged to the Customer.

PRODUCT AVAILABILITY

Following Order Confirmation, the Order is sent to MyEstro S.r.l. to be shipped and may no longer be modified or cancelled, except in the cases expressly provided for in these General Terms or where provided for by applicable Italian legislation. An order sent by the Customer shall be processed by MyEstro S.r.l. only if the entire purchase procedure has been duly and correctly completed without any error message from the Website.

The contract between MyEstro S.r.l. and the Customer is understood as concluded at the moment the Customer receives a Confirmation e-mail from MyEstro S.r.l. informing him that the Order, sent in accordance with the purchase procedure, has been successful.

The Order Confirmation is proof of acceptance by the Customer of the provisions of these General Terms.

Data recorded on the Website constitutes full proof of the details of transactions between MyEstro S.r.l. and the Customer. In the event of a dispute between MyEstro S.r.l. and the Customer in relation to a transaction concluded through the Website, the data recorded by MyEstro S.r.l. shall serve as full proof of the transaction.

PRICE AND METHOD OF PAYMENT

The prices of all products on sale through the Website are inclusive of VAT.

Prices shall be indicated in Euro (EUR) for shipments to Italy, France, Germany, Spain, Holland, Sweden, Greece, Belgium, Austria, Denmark, Portugal, Finland, Ireland, Luxembourg and Monaco. Shipments to the United Kingdom shall be indicated in Pounds Sterling (GBP) and shipments to Switzerland shall be indicated in Swiss Francs (CHF).

The total amount shown during the purchase process includes shipping costs as specified below and indicated in the shopping cart.

MyEstro S.r.l. reserves the right to change the prices of products on sale through the Website at any time and without notice. The Customer shall be charged the prices published on the Website at the time the Customer confirms the order, provided that the products ordered are in stock at the time the order is placed.

MyEstro S.r.l. accepts credit card or PayPal payments only. Credit cards accepted are those specified on the Website.

For the purpose of credit card payments, the Customers confirms and warrants that he or she is the holder of the credit card used for the purchase and that his or her name is that indicated on the credit card. The Customer then provides the credit card number, the expiry date and the security code indicated on the credit card. Transactions shall be charged to the Customer only after:
(i) the credit card details have been verified,
(ii) authorisation to debit has been received from the credit card company that issued the credit card used by the Customer, and
(iii) MyEstro S.r.l. has confirmed the availability of the product and the Order is ready to be shipped. No debit shall be made at the moment the Order is transmitted, except for any debit necessary to ascertain the validity of the credit card.

For the purpose of payment by PayPal, the Customer confirms and warrants that he or she is the holder of the PayPal account used for the purchase. Transactions shall be charged to the Customer only after he or she has received the Confirmation E-mail from MyEstro S.r.l..

In the event that, for any reason, it is impossible to debit amounts due from the Customer, the sale process shall be automatically annulled and the sale automatically cancelled.

Purchased products are dispatched only following verification by MyEstro S.r.l. of the details of the credit card used by the Customer with the relevant bank and receipt of authorisation to debit the card, or following notification of transaction success in case of PayPal payment.

If one or more of the products are not available, only the price and shipping costs corresponding to available products shall be debited.

CONSIGNMENT

Products shall be shipped to the address indicated during the Order placement procedure and upon delivery shall require the signature of the Customer, or their legal representative in cases where the Customer is a minor aged under 18.

For safety reasons MyEstro S.r.l. shall not dispatch any Order addressed to a post office box or accept any Order in which it is impossible to identify the natural person who is the consignee of the Order or his address.

Products sold through the Website can be purchased and delivered around the world (Article 1.3). Therefore, any Orders for shipments to destinations other than the indicated countries shall be automatically rejected during the Order placement procedure.

Shipping costs which will be charged to the customer are expressly indicated, separately from any other costs or charges, on conclusion of the Order placement procedure prior to Order Confirmation by the Customer. Pursuant to Article 65 of the Italian Consumer Code, MyEstro S.r.l. shall expressly seek the Customer’s consent for any payment in addition to the total remuneration for the main contractual obligation.

In accordance with the provisions of Article 61 of the Italian Consumer Code, MyEstro S.r.l. shall consign the purchased products, except in cases of force majeure or fortuitous events, within and not later than 30 days of the date of conclusion of the contract or within another term as may be agreed with the Customer, unless MyEstro S.r.l. communicates, within the same term, its non-acceptance of the Order or the impossibility of consigning the ordered products as a result of the supervening unavailability, including temporary unavailability, of the products. In the latter case MyEstro S.r.l. shall refund any sums already paid by the Customer. In the event that MyEstro S.r.l. fails to fulfil its obligation to consign the products ordered within the aforementioned term or within any different that may be agreed, the Customer may invite MyEstro S.r.l. to make the delivery within a further term appropriate to the circumstances, except where one of the Customer’s exemptions from this obligation apply, as provided at Article 61, paragraph 4, of the Italian Consumer Code. This provision applies without prejudice to the Customer’s right to immediately terminate the contract and to seek compensation for damages if the ordered product is not delivered within any additional period indicated.

In order to expedite the dispatch of ordered products, MyEstro S.r.l. reserves the right to divide an Order into multiple shipments according to the availability of particular items. In this case MyEstro S.r.l. shall notify the customer by email or by phone and the price shall be charged separately for the products actually shipped only. Shipping costs shall in all cases be invoiced in full as dispatched in a single shipment.

The moment that the purchased products leave the MyEstro S.r.l. warehouse, the Customer will receive an email notification at the address indicated on the purchase form. The email shall contain a tracking code and an exclusive link enabling real time monitoring of the shipment. MyEstro S.r.l. Customer Service shall provide assistance with any problem concerning delivery. Customers may contact MyEstro S.r.l. Customer Service by email at the address: lorenzocaminiti@myestro.it. In accordance with Article 63 of the Italian Consumer Code, the Customer assumes the risk of loss or damage to ordered products that is not attributable to MyEstro S.r.l. only from the moment that the Customer or a third party designated by him other than the carrier physically takes possession of the products. It is understood that the risk is transferred to the Customer at the moment of delivery of the ordered products to the carrier, if the latter has been chosen by the Customer and this choice has not been proposed by MyEstro S.r.l., without prejudice to the Customer’s rights vis-à-vis the carrier.

In the event, on the other hand, that any loss or damage to the product is attributable to MyEstro S.r.l., the latter shall, in accordance with applicable legislation, replace the product free of charge on the express request of the Customer, which must be sent to the email address indicated above.

CONFORMITY OF ORDERED GOODS

Customers are required to check the goods on delivery to ensure that they correspond to items ordered and that they do not have any production or other defects. The sale of “MYESTRO” products is also subject to the legal guarantees established by Italian law, in particular those provided and governed by Articles 129, 130 and 132 of the Italian Consumer Code, in addition to any further manufacturer’s warranty provided to the Customer.

In the event of production or conformity defects, the Customer is entitled to have the product restored to its original state by repair or replacement, except where the remedy requested is objectively impossible or unduly burdensome compared to another remedy. In the event of the occurrence of one of the cases provided for at article 130, paragraph 7, of the Italian Consumer Code, the Customer may request a reasonable reduction in the price or cancellation of the contract. It is understood that the Consumer shall forfeit these rights if he or she fails to notify MyEstro S.r.l. of the non-conformity of the product within 2 (two) months of the date on which the Customer discovered the defect. Actions intended to assert defects not maliciously concealed by the MyEstro S.r.l. shall automatically lapse 26 (twenty six) months after the consignment of the product. In the event of cancellation of an Order, no charge shall be made to the Customer. If any amounts has already been charged, the Customer shall be promptly refunded.

Any request by the Customer for one of the remedies indicated above must be communicated to MyEstro S.r.l. by registered mail with return receipt and sent to the following address:MyEstro S.r.l., Via Brunate 3, 47838, Riccione – Italy and sent in advance by email to the following address: lorenzocaminiti@myestro.it.

The Customers’ right to avail themselves of the guarantee as provided by the Italian Consumer Code to remedy any lack of conformity of purchased products may be exercised as described above only in relation to defects in products purchased through the Website.

RETURNS AND REFUNDS

You have 14 days upon receipt of your order to return your item(s), or to exchange them for a different size of the same item(s).

Please note that all returned items must be unworn, unwashed, complete with original tags and/or packaging. Items returned in non-resalable conditions, won’t be eligible for refund, and we will need to send it back to you.

If returning footwear, please use an outer packaging to protect the shoe box. It is part of the product, so any damage to the shoe box may result in the return being refused.

We provide two methods to return your items back to us. You can pick the one you prefer when you forward your return or exchange request.

1. Automatic method: once you send your exchange request at lorenzocaminiti@myestro.it, we will arrange the pickup of your parcel wherever you wish. You will need to pack the items in their original box (or any rigid carton box), stick the shipping label (we will provide it) on the box and wait for the courier. Before collecting your parcel, the courier will get in touch to confirm the pick up time.

2. Own method: once you open your return or exchange request, you will take care of shipping your items back to us, picking the courier and shipping service you prefer – we recommend to use a trackable shipping service. Below is our shipping address for returns:

MyEstro
Via Brunate 3
47838 Riccione
Tel: +39 344 0622027

Returns are not free; if you pick your own method to send your items back to us, you will choose the shipping service you prefer. If you pick our automatic method, we will deduct the return shipping costs from your refundWhen returning items from outside the eu, you may incur import duties. They are charged once the parcel reaches its destination country, and customers must take charge of them.

Please note that we will deduct any eventual import duties related to your return from your refund. For exchanges, we will ask you to provide your payment before sending out your new size.

We usually take care of refunds within 2 business days upon receipt, and you will receive an email update as soon as we process your return. We issue refunds are through the same payment method you used for your order.

Paypal refunds will appear immediately on your account. Credit card refunds may take up to 10 business days before showing up, due to varying processing times among payment providers.

Please note that shipping costs are not refunded. This applies both to the original shipping costs and to the return shipping costs (if you choose our automatic method).

Please note that if you are based outside the eu, you could incur import duties when returning your item to get a new size. Customers must take charge of any eventual import duties, and we will send you a payment request for them. Once you have provided your payment, we will process your exchange.

We allow returns of exchanged items, and they work the same way as standard returns. You have 14 days upon receipt of your new order to return your items or to exchange them for a different size of the same items. In case of return, we will deduct the original shipping costs – if any – from your refund, as well as the return shipping costs if you pick our automatic method.

DISCLAIMER

Except in cases of malice or gross negligence, MyEstro S.r.l. shall not in any manner be held liable to the Customer for indirect or consequential damages that may be caused to the Customer as a result of the purchase of products on sale through the Website.

AUTHENTICITY OF PRODUCTS AND INTELLECTUAL PROPERTY RIGHTS

MyEstro S.r.l. guarantees the authenticity and the high quality of all products offered for sale on the Website.

The “MYESTRO” trademark, together with all the figurative and non-figurative marks and in general all other trademarks, illustrations, images and logos on “MYESTRO” products, accessories and/or packaging, whether subject to registration or otherwise, are and shall remain the exclusive property of MyEstro S.r.l., with registered offices in Via Brunate 3, 47838, Riccione – Italy. The total or partial reproduction, modification, tampering or use of any such trademarks, illustrations, images and logos, for whatever reason and through any media without the prior express agreement of MyEstro S.r.l. is absolutely prohibited.

DISPUTES

These General Terms are governed by and shall be interpreted on the basis of the Italian law, without prejudice to any other mandatory provision, more favourable to the Customer, applicable in the Customer’s country of habitual residence.

In the event of a dispute concerning the interpretation and/or application of these General Terms, the Court with jurisdiction over the place of domicile or residence of the Customer shall be exclusively competent if the Customer is located in the territory of the Italian state. In the event that the Customer’s domicile or residence are not located in the Italian territory, the Customer may choose, at his discretion, the Court of his place of residence or domicile or the Court of Florence.

CONTACTS

Customers are invited to send an email to the following address in relation to any complaints, requests for further information or assistance with the Website or the purchasing procedure, or requests for information and/or clarification of the provisions of these General Terms: lorenzocaminiti@myestro.it, or to contact MyEstro S.r.l., Via Brunate 3, 47838, Riccione – Italy.