1. SUBJECT
1.1. The website milasport.com, owned by MILA s.r.l., with its registered office at Via Cottolengo 22/a, 10072 Mappano (TO), represented by its representative Massimo Marzano MRZMSM66S07L219A, registered at the Chamber of Commerce of Turin, with REA number: TO -790141 in the Companies Register, VAT number 06481140017, (hereinafter also referred to as "Mila") was created for the retail sale of full-beauty Made-in-Italy beauty products, such as creams, cleansers, perfumes, etc. (hereinafter also referred to as "Products").
1.2. Below are the general terms and conditions governing the relationship between the Customers (as defined below) and Mila with regard to the sale of the Products.
2. SCOPE OF APPLICATION
2.1. These general terms and conditions of sale (hereinafter "GTC") apply to the purchase of the Products listed in the electronic catalog of MilaSport at the time of order submission, viewable online at the website milasport.com (hereinafter referred to as the "Website"). The images accompanying the product description page are for illustrative purposes only, to give the best perception of the product’s colors. The images of the Products may not exactly match the actual product, as they may differ in color, size, or even accessories shown in the image.
2.2. These GTC may be modified and/or updated at any time by Mila.
2.3. Any modifications and/or additions will be effective from the date of publication on the Website.
2.4. The customer accessing the Website to make a purchase may be a consumer, understood as: (i) a natural person acting for purposes unrelated to any business, commercial, craft, or professional activity carried out (hereinafter "Consumer Customer"), or a professional, understood as: (ii) a natural or legal person acting in the exercise of their business, commercial, craft, or professional activity (hereinafter "Professional Customer" and where not necessary to distinguish them within these GTC, also referred to simply as the "Customer" and collectively as "Customers") is required, before submitting the order, to carefully read these GTC, which are made available to the Customer on the Website and can be accessed at any time by the Customer, including through the link in the order confirmation email for reproduction and storage purposes.
3. APPLICABLE LEGISLATION
3.1. The legislation expressly referred to for distance contracts is provided in Section II of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) as amended, and for sales using electronic means in Legislative Decree No. 70 of April 9, 2003 as amended.
3.2. The sales contract concluded between the Customer and Mila will be governed and interpreted in accordance with Italian law.
4. REGISTRATION
4.1. In order to purchase Products from the Website – without creating any obligation to purchase on the part of the registrant – each Customer must register on the MilaSport website, selecting a username and password and providing the following personal information:
- first name, last name/company name;
- date of birth.
Upon placing an order, the following additional details will also be requested:
- nationality;
- residential/business address;
- phone number;
- shipping address if different from the residential/business address;
- tax code or VAT number.
4.2. The data provided to Mila will be stored at the time of registration. The processing of this data is subject to privacy laws, in accordance with Legislative Decree No. 196/2003 and EU Regulation No. 679/2016 (GDPR). The Customer may modify this data at any time by accessing their profile on the homepage.
4.3. The username to access the reserved area of the Website will be the email address used for registration.
5. CONCLUSION OF THE CONTRACT
5.1. The sales contract between Mila and the Customer is considered concluded with Mila's acceptance of the order. The acceptance will be sent by Mila to the email address provided by the Customer during registration on the Website.
5.2. This confirmation message will include the date and time of order processing and an 'Order Number,' which should be used in all further communication with Mila's staff. The message will repeat all the details entered by the Customer, who is committed to verifying their accuracy and notifying Mila promptly of any corrections, as described in this document.
5.3. In case of non-acceptance of the order, Mila's staff guarantees prompt communication to the Customer.
5.4. In accordance with Legislative Decree No. 70 of April 9, 2003, on electronic commerce, to place an order, the Customer must:
- add a Product to the cart by clicking on the corresponding icon near the Product;
- once the selection of Products in the cart is complete, to proceed with the purchase the Customer must click on the “Place Order” button;
- the Customer must then register, log in with their credentials, or enter their details for a quick purchase without registering;
- the Customer can choose the shipping methods and must accept these GTC without reservations;
- the Customer can proceed with payment for the Products and shipping costs using the following methods: i) Visa or Mastercard credit cards, VPay, Diners Club International, JCB, Maestro debit card; ii) PayPal express checkout; iii) cash on delivery or any other methods provided on the Website (as outlined below);
- once the order is completed, the Website will automatically assign a unique number, which will be shown on the final order summary page;
- Mila, after verifying payment and the actual availability of the Product in case of multiple purchases as outlined in Section 6.7 below, will send the Customer the order confirmation, which will contain the following information: i) order number and date; ii) details of the Product(s), quantity, price; iii) chosen payment method; iv) delivery cost; v) total order amount;
- the Customer commits to verifying the accuracy of the details in the order confirmation email and reporting any errors to Mila.
5.5. Once the order is placed online, the Customer must print, save an electronic copy, or keep these GTC as required by Legislative Decree No. 206/2005.
5.6. By placing an order following the steps outlined on the Website, the Customer declares that they have reviewed all the information provided during the purchase process, understood it, and fully accepted the GTC stated here.
5.7. These GTC are an integral part of the sales contract concluded between the Customer and Mila.
5.8. Only products that are physically available in stock can be ordered on the Website. The integrated stock availability feature is accurate; however, small delays may occur in communication between the actual stock and the information displayed on the Website. Therefore, product availability may not be guaranteed in rare cases. If one or more items ordered are not immediately available for shipment, our staff will, depending on the order size and restocking time, choose one of the following solutions:
- ship the available items immediately and send the missing products once they are available again, without additional shipping charges;
- contact the customer, who will choose whether to receive the material in one shipment, delaying the order processing, or cancel the unavailable products from the order.
5.9. In case of multiple product purchases at the same time by several Customers, Mila reserves the right to verify the availability of the Product upon receipt of the order, and if unavailable, to promptly communicate the non-acceptance of the submitted order.
5.10. Adding a Product to the cart does not commit to completing the purchase. The Customer, as long as they have not completed the purchase procedure, can: i) modify the quantity or delete products already in the cart; ii) add more products to the cart.
5.11. In the “my account” section of the Customer's reserved area on the Website, the Customer can view their account information, track the order status, handle return requests, and request delivery to multiple addresses.
5.12. The order will be archived in Mila's database for the time necessary to complete it and, in any case, in compliance with legal terms.
6. PAYMENT METHODS
6.1. Credit Card / Debit Card.
If the Products are purchased using a Visa, VPay, Mastercard, Diners Club International, JCB credit card, or Maestro-enabled debit card, upon completion of the online transaction, the relevant bank will authorize only the commitment of the amount related to the purchase. The actual charge for the goods, even partially shipped, will be made to the Customer’s credit card only when the goods leave our warehouse. In case of order cancellation, either by the Customer or due to Mila's non-acceptance, our staff will promptly request the transaction cancellation and the release of the committed amount. The release times depend solely on the banking system and can take up to the expiration of the authorization (24 days from the authorization date). Once the transaction is canceled, Mila cannot be held responsible for any damages, direct or indirect, caused by delays in the release of the committed amount by the banking system. If the Customer’s order is shipped after the 23rd day from the order submission, Mila will charge the amount due on the Customer's credit card, even in advance of the actual delivery, in order to avoid the expiration of the authorization (24 days). Mila reserves the right to request additional information from the Customer (e.g., a landline phone number) or the submission of documents proving the ownership of the card used. If the requested documentation is not provided, Mila reserves the right to reject the order. At no point during the purchase process does Mila have access to the Customer’s credit card information, which is transmitted via a secure connection directly to the bank managing the transaction. Mila's system does not store such data. Mila cannot be held responsible for fraudulent or improper use of credit cards by third parties at the time of payment for products purchased on milasport.com
6.2. PayPal In the case of PayPal payment for goods, PayPal will immediately charge the amount related to the purchase upon completion of the online transaction.
6.3. Cash on Delivery (COD)
6.4. Bank Transfer
7. PRICES
7.1. The sale price of the Products is expressed in Euros and includes VAT and any other tax due at the time of purchase.
7.2. All sale prices of the Products displayed and indicated on the Site constitute an offer to the public pursuant to Article 1336 of the Civil Code, subject to price variations by Mila.
7.3. The sale price is considered valid until the communication of the acceptance of the order.
7.4. Any discount codes (%, 1+1, 3x2 or other mechanics), unless explicitly stated otherwise, are always considered non-cumulative.
7.5. Shipping costs and any additional charges (e.g. customs clearance), if present, although not included in the purchase price, will be indicated and calculated during the purchase procedure before the order is submitted by the Customer, and also contained in the order summary page on the website.
8. INVOICING
8.1. Each shipped order will be accompanied by a detailed Transport Document as required by the D.P.R. December 21, 1996, No. 696. The invoice will only be issued if requested at the time of the order by providing the VAT number in the appropriate field. The document can be downloaded from the specific section within the customer's account on the website milasport.com.
NB: It is not possible to request invoicing for an order that has already been processed.
9. DELIVERY METHODS AND SHIPPING COSTS OF THE PRODUCTS
9.1. Mila will promptly deliver the Products purchased via express courier, exclusively within Italy and the countries of the European Union.
9.2. The Products will be delivered within 15 working days from the purchase, unless a different term has been agreed between the parties. The above delivery times are purely indicative, and while usually respected, Mila does not assume any commitment or guarantee for compliance with them.
9.3. In no case, therefore, can direct and/or indirect damages for delayed delivery be charged to Mila.
9.4. Delivery takes place from Monday to Friday during normal working hours (9-18).
9.5. Mila assumes no responsibility for service disruptions due to force majeure in case it is unable to execute the order within the timeframes specified in the contract.
9.6. Upon delivery of the Products by the courier, the Customer must verify that:
- the number of packages delivered corresponds to what is indicated in the accompanying document;
- the Products indicated on the packaging correspond to what is actually listed on the invoice/receipt;
- the packaging is intact, not damaged, and not altered in any way, including the closure materials (adhesive tape or strapping).
9.7. The Customer acknowledges that the collection of the Product is their specific obligation under the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the goods will be held in storage after 3 delivery attempts. The Customer will be left with the "missed delivery" notice. After 10 days of storage, the goods will be returned to the sender. In case of non-collection of the Product within five working days from the first delivery attempt, Mila may invoke the resolution of the contract pursuant to Article 1456 of the Civil Code. Once the contract is resolved, a refund of the total amount paid by the Customer will be made, minus the delivery costs for the unsuccessful delivery and the return costs.
9.8. Any damage to the packaging and/or Product or discrepancies in the number of packages or information must be immediately reported by the Customer on the transport document.
9.9. In any case, no responsibility can be attributed to Mila in case of delay in processing the order or in the delivery of the ordered items.
9.10. The delivery costs, which will depend on the destination, weight, and volume of the Products, are the responsibility of the Customer and will be clearly stated during the order process. The payment for the goods by the Customer will be made using the chosen payment method at the time of the order. Nothing more is due from the Customer beyond the total of the order highlighted at the end of the purchase process.
9.11. Delivery costs, unless otherwise indicated by specific promotions exclusive to Mila, are always the responsibility of the Customer. Mila undertakes to keep the shipping costs updated and to publish them on the SHIPPING page.
10. RIGHT OF WITHDRAWAL
10.1. Pursuant to and within the limits of Article 52 of the Consumer Code, the Consumer Customer has the right, within 14 calendar days from the receipt of the Products purchased, to exercise the right of withdrawal, which consists of the possibility of returning the received Products and obtaining a refund of the price paid, without penalty and without having to provide any reason.
10.2. The aforementioned term starts from the day the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Product or:
- in the case of multiple Products ordered by the Consumer Customer with a single order and delivered separately, from the day the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
- in the case of delivery of a product consisting of multiple lots or pieces, from the day the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.
10.3. However, this right cannot be exercised:
- in case of purchases below 50 euros (unless the total amount the Consumer Customer must pay, regardless of the amount of individual contracts, exceeds 50 euros);
- in case of supply of goods made to measure or clearly personalized;
- in case of supply of sealed goods that cannot be returned for hygienic reasons or related to the protection of health and have been opened after delivery;
- in case of supply of goods that, after delivery, are inseparably mixed with other goods.
10.4. The Customer who decides to exercise the right of withdrawal must send a written communication to Mila via registered mail to the address of Mila Srl, Mappano, 10072 Via Cottolengo 22/a, or PEC, and may anticipate this communication via email to info@milasport.com, which will not replace the registered mail.
10.5. Mila, following the withdrawal of the Consumer Customer, must communicate via email to the Consumer Customer a confirmation of the receipt of their intention to withdraw within 24/48 hours from the receipt of the communication.
10.6. By law, the return shipping costs are the responsibility of the Consumer Customer, and the Products must be shipped to the following address: MILA Srl - Via Cottolengo, 22/A - 10072 Mappano (TO) – Italy, within fourteen days from the date the Consumer Customer communicated to Mila their decision to withdraw from the contract (the deadline is met if the Consumer Customer ships the goods before the expiration of the fourteen-day period).
10.7. In case of damage to the goods during transport, Mila will notify the Customer of the incident (within 5 days from receiving the goods in their warehouse), allowing the Customer to promptly file a claim with the carrier they chose and obtain a refund for the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, while simultaneously canceling the withdrawal request.
10.8. Mila is not responsible in any way for damage, theft, or loss of goods returned with uninsured shipments; upon arrival at the warehouse, the Product will be examined to evaluate any damages or tampering not related to transport. If the returned product is found to be damaged, Mila will retain a percentage from the refund due as a contribution to the restoration costs.
10.9. Mila must also reimburse all expenses incurred by the Consumer Customer (purchase of the Product and original delivery costs of the same; obviously excluding those for the return) within 14 days from the communication of the right of withdrawal, and in any case, upon receipt of the returned Product, by bank transfer or PayPal. The Customer must promptly provide the bank details for the refund (name, surname, account holder, IBAN code).
10.10. The right of withdrawal is subject to the following conditions:
- Mila's Products are sold in special packaging; such packaging is considered an integral part of the Products. Therefore, for the proper exercise of the right of withdrawal by the Customer, the purchased Product must be intact and returned in its original packaging, complete in all parts (including packaging and any documentation and accessories to prevent damage to the original packaging).
- The Products must be sent to Mila at the indicated address within 14 days from the communication of the right of withdrawal.
- The Product must not have been used, worn, or washed.
- The identification tags and/or original labels must still be attached to the Product.
10.11. For hygienic reasons, returns are not accepted for opened, used, or damaged products.
11. WARRANTIES
11.1. In case of a lack of conformity, meaning the delivery of a good that has defects or is not in line with what is stipulated in the sales contract, i.e. unsuitable for the usual use of a good of the same type, inconsistent with the description on the website, or lacking the promised qualities, the provisions of the Legal Warranty under Articles 128 and following of Legislative Decree 205/2006 (Consumer Code) shall apply.
11.2. The legal warranty does not cover any malfunctions or damages caused by accidental events, customer negligence, or improper use of the Product not in line with its intended use and/or the technical documentation attached to the Product.
11.3. Mila is responsible when the lack of conformity occurs within two years from the delivery of the Product, unless a different conventional warranty is provided for beyond this period.
11.4. The Consumer Customer must report the defect to Mila within two months from the discovery (unless Mila has acknowledged or concealed the existence of the defect).
11.5. The action to assert defects not fraudulently concealed by the seller is time-barred after twenty-six months from the delivery of the goods (however, the Consumer Customer who has initiated a legal action to enforce the contract can still assert the rights under this article as long as the defect was reported within two months from discovery and before the two-year period from delivery has passed).
11.6. In case of a lack of conformity, the Consumer may request, at no cost (including shipping costs), a remedy by repair or replacement, at their choice, unless the remedy is objectively impossible or excessively costly in comparison to the alternative.
11.7. The remedy described above is considered excessively costly if it imposes unreasonable expenses on Mila compared to the other option, considering: a) the value that the Product would have if it were not defective; b) the extent of the defect; c) the possibility that the alternative remedy could be executed without significant inconvenience for the Consumer Customer.
11.8. Replacements will be carried out within a reasonable period from the request and should not cause significant inconvenience to the Consumer Customer, considering the nature of the Product and its intended use.
11.9. The Consumer may request, at their choice, a fair reduction in price or the cancellation of the contract in any of the following cases:
- the replacement is impossible or excessively costly;
- Mila has not carried out the replacement within a reasonable time;
- the previous replacement caused significant inconvenience to the Consumer Customer.
11.10. After reporting the defect of conformity, the seller may offer the Consumer any other available remedy, with the following effects:
i) if the Consumer has already requested a specific remedy, the seller remains obligated to carry it out, with the necessary consequences in terms of the reasonable time for repairs or replacements, unless the Consumer accepts the alternative remedy proposed;
ii) if the Consumer has not already requested a specific remedy, the Consumer must accept the proposal or reject it, choosing another remedy under this article.
11.11. A minor defect, for which replacement is not possible or excessively costly, does not entitle the Consumer to terminate the contract.
11.12. The legal warranty is limited to purchases made by Consumer Customers. For Professional Customers, the provisions of the Civil Code, Articles 1490 and following, apply.
12. COMPLAINTS
12.1. Any complaint must be addressed to: Mila s.r.l. – Via Cottolengo 22/a, 10072 Mappano – Italy.
12.2. Complaints made via email or website contact forms are not accepted and considered valid.
12.3. For any problem or issue, before filing a complaint, the Customer is invited to contact the Mila staff via the appropriate section on the website. In most cases, any problem is resolved within a few hours.
13. PERSONAL DATA PROCESSING
Customer data is processed by Mila in accordance with the regulations on personal data protection, pursuant to Legislative Decree n. 196/2003 and EU Reg. n. 679/2016, as specified in the privacy policy provided on the Website.
14. COPYRIGHT
All content on milasport.com, including texts, documents, trademarks, logos, images, graphics, their arrangement, and adaptations, is protected by copyright law and trademark protection law (Law 22 April 1941, n.633 and subsequent amendments, Royal Decree n.929 of 21 June 1942 and subsequent amendments) and is copyrighted. The website milasport.com may also contain images, documents, logos, and trademarks of third parties who have expressly authorized Mila S.r.l. to publish them. Reproduction, even partial, of the content, texts, documents, trademarks, logos, images, graphics, is prohibited. Any abuse will be prosecuted according to current laws.
15. JURISDICTION
15.1. Any dispute related to the application, execution, interpretation, and violation of online purchase contracts made through the Website is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Consumer Customer, and in any case, the jurisdiction of the Italian State is competent.
15.2. Any dispute related to the application, execution, interpretation, and violation of online purchase contracts made through the Website with a Professional Customer, however, will be under the exclusive jurisdiction of the Court of Turin.
16. FINAL NOTES
Mila believes in the quality of its products and strives to offer the best quality ingredients on the market. Having said that, please take note of the following:
- ensure that you are not allergic to any of the product ingredients before application;
- Mila cannot be held responsible for any reactions to the ingredients of the products sold;
- none of our products should be used as a substitute for medical care or clinical treatments;
- the information published on milasport.com is not intended as treatment or remedies for dermatological issues and should not be considered as such;
- the advice given on milasport.com or provided by Customer Service is for informational purposes only and should not replace a doctor's opinion;
- please consult your doctor for any doubts.
