Introduction

Below are our Terms and Conditions. These are always applicable if you use or place an order through our Website and contain important information for you as a buyer. Please read the Terms and Conditions carefully. We recommend that you save or print these terms so that you can read them again at a later time.

 

Definitions
1 Massimo Mioretti: located in The Hague and registered with the Chamber of Commerce under registration number 61494496 acting under the name of Massimo Mioretti.

2 Website: Massimo Mioretti’s website, to be consulted via mioretti.com and all its subdomains.

3 Customer: The natural or legal person, whether acting in an occupation or company that has an agreement with Massimo Mioretti and / or has registered on the Website.

4 Agreement: any agreement or agreement between Massimo Mioretti and Customer, of which agreement the General Terms and Conditions form an integral part.

5 General Terms: The present Terms and Conditions.

 

Applicability General Terms
1 All Terms, Agreements and Deliveries of Massimo Mioretti are subject to the General Terms, unless expressly agreed otherwise in writing.

2 If Customer accepts, in its order, confirmation or notice containing acceptance, terms or conditions that differ or are not contained in the General Terms and Conditions, these are only binding on Massimo Mioretti Shoes, if and in so far as they have been expressly accepted by Massimo Mioretti Shoes.

3 In the event that, in addition to these General Terms and Conditions, specific product or service terms apply, those terms apply, but Customer may, in the event of conflicting terms, always rely on the applicable provision that is most favorable to him.

 

Prices and information
1 All prices quoted on the Website and in other Massimo Mioretti materials include VAT and, unless stated otherwise on the Website, other charges imposed by government.

2 If shipping costs are counted, this will be clearly stated in time of conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.

3 The content of the Website has been compiled with the utmost care. However, Massimo Mioretti can not guarantee that all information on the Website is accurate and complete at all times. All prices and other information on the Website and other materials of Massimo Mioretti are therefore subject to obvious programming and typing errors.

4 Massimo Mioretti can not be held responsible for (color) deviations due to display quality.

 

Establishment Agreement
1 The Agreement is concluded at the time of acceptance by the Customer of Massimo Mioretti’s offer and compliance with the conditions imposed by Massimo Mioretti.

2 If Customer has accepted the offer electronically, Massimo Mioretti immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed, the Customer has the opportunity to dissolve the Agreement.

3 If it appears that upon the acceptance or otherwise of the Agreement, Customer has provided incorrect data, Massimo Mioretti has the right to fulfill its obligation only after the correct information has been received.

4 Massimo Mioretti may, within legal frameworks, inform whether Customer is able to meet its payment obligations, but also of all the facts and factors that are relevant for the accountability of the Agreement. If Massimo Mioretti, on the basis of this investigation, has reasonable grounds for not entering into the Agreement, he is entitled to refuse an order or application or to impose special conditions such as prepayment.

 

Registration
1 In order to make full use of the Website, Customer can register via the registration form / Account Login on the Website.

2 During the registration process, Customer selects a username and password that allows him to log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.

3 Customer must keep his login credentials, his username and password strictly secret. Massimo Mioretti is not responsible for the misuse of the login information, and it is always assumed that a Customer who logs on to the Website is actually the Customer. All that happens through Customer’s account is under Customer’s responsibility and risk.

4 If Customer knows or suspects that his / her credentials have come to the attention of unauthorized persons, he / she must change his / her password as soon as possible and / or notify Massimo Mioretti so that Massimo Mioretti can take appropriate action.


Implementation Agreement

1 As soon as the order has been received by Massimo Mioretti, Massimo Mioretti shall send the products as soon as possible in accordance with paragraph 3 of this Article.

2 Massimo Mioretti is entitled to invoke third parties in the performance of the obligations arising from the Agreement.

3 The delivery period is in principle 60. The delivery method can take place in several ways and is at the option of Massimo Mioretti.

4 If Massimo Mioretti can not deliver the products within the agreed period, it will inform Customer. In that case, Customer may agree to a new delivery date, or he will be able to dissolve the Agreement for free.

5 Massimo Mioretti recommends that Customer inspect the delivered products and report the defects identified in writing, in writing, preferably in writing. See the article about warranty and compliance.

6 As soon as the products to be delivered are delivered to the specified delivery address, the risk to these products will be transferred to Customer. If explicitly agreed otherwise, the risk has already passed on to Customer. If Customer decides to pick up the products, there is a risk of transfer of the products.

7 Massimo Mioretti is entitled to supply a similar product of similar quality as the ordered product, if ordered is no longer available. Customer is then entitled to dissolve the Agreement free of charge and return the product free of charge.

 

Right of withdrawal / return
1 This article applies only if Customer is a natural person who does not act in the exercise of his profession or business. Business customers are therefore not entitled to withdrawal. Customer has the right to dissolve the remotely agreed agreement with Massimo Mioretti within 14 calendar days of receipt of the product without charge for any reason. The term expires on the day after the Customer, or a third party designated by him, who is not the carrier, received the product, or:

If Customer has ordered multiple products in the same order: the date on which Customer, or a third party designated by him, has received the last product;
if the delivery of a product consists of different consignments or parts: the date on which Customer, or a third party designated by him, has received the last shipment or the last item;
at Agreements for regular delivery of products for a certain period of time: the date on which Customer, or a third party designated by him, received the first product.
2 Only the direct costs for the return shipment will be borne by Customer. Customer must therefore bear the return costs. If these costs are higher than the regular postal rate, Massimo Mioretti will provide an estimate of these costs.

Any Customer-paid costs for shipping and payment of the Product to Customer will be refunded to Customer by return of the entire order.

3 Within the term of termination referred to in paragraph 1, Customer will carefully handle the product and the packaging. Customer will only open the package and use the product only as far as it is necessary to check the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond that Customer could in a physical store.

4 Customer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that allowed in the previous paragraph.

5 Customer may terminate the Agreement in accordance with the terms set forth in paragraph 1 of this Article by sending the Model Form for Revocation (Digital) to Massimo Mioretti, or otherwise informing Massimo Mioretti that he sees the purchase. Massimo Mioretti confirms the receipt of that notification in case of a digital alert. After dissolution, Customer has 14 days to return the product. It is also possible to return the product immediately within the meaning of paragraph 1 of this Article, provided that the model form for revocation or other unambiguous declaration for revocation is enclosed.

 

Products can be returned to:

Massimo Mioretti Showroom
Haarlemmerweg 317h
1051 LG Amsterdam

 

6 Amounts already paid by Customer (in advance) will be reimbursed to Customer in the same manner as that Customer has paid the order as soon as possible, but no later than 14 days after termination of the Agreement. If Customer has chosen a more expensive delivery method than the cheapest standard delivery, Massimo Mioretti does not have to pay back the additional cost for the more expensive method.

Unless Massimo Mioretti offers the product itself, Massimo Mioretti may wait for repayment until Massimo Mioretti has received the product or until Customer shows that he has returned the product, whichever is earlier.

7 On the Website, information on whether or not the right of withdrawal is applicable, and any possible procedure, will be clearly stated in advance of the conclusion of the Agreement.

8 The right of withdrawal does not apply to:

-Products created by the entrepreneur in accordance with Customer specifications;

 

Payment
1 Customer must pay payments to Massimo Mioretti according to the payment methods indicated in the order process and possibly on the Website. Massimo Mioretti is free in the choice of offering payment methods and these may also change from time to time. In case of payment after delivery, Customer has a payment period of 14 days comming on the day after delivery.

2 If the Customer fails to meet his payment obligation (s) in good time, after the Massimo Mioretti has pointed to the late payment and Massimo Mioretti has granted the Customer a 14-day deadline to meet its payment obligations, after the absence of payment within this 14-day period, the statutory interest is due on the amount owed and Massimo Mioretti is entitled to charge the extrajudicial collection costs incurred by him. This collection fee amounts to a maximum of 15% on outstanding amounts to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Massimo Mioretti may, in favor of Customer, deviate from the amounts and percentages stated.

 

Warranty and Conformity
1 This article applies only if there is a Customer who does not act in the exercise of his profession or business. If Massimo Mioretti offers a separate warranty on the products, without prejudice to the justification, this applies to all types of Customers.

2 Massimo Mioretti ensures that the products comply with the Agreement, the specifications specified, the reasonable requirements of validity and / or usability and the legal provisions and / or government regulations existing at the date of the conclusion of the Agreement. . If specifically agreed, Massimo Mioretti also ensures that the product is suitable for other than normal use.

3 A warranty provided by Massimo Mioretti, manufacturer or importer does not affect the legal rights and claims that the Customer already has and may claim under the Agreement.

4 If the delivered product does not conform to the Agreement, Customer shall, within a reasonable period after having discovered the defect, notify Massimo Mioretti thereof.

5 If Massimo Mioretti considers the complaint to be sound, after consultation with Customer, the relevant products are restored, replaced or reimbursed. The maximum compensation is equal to the Customer’s price paid on the product, in accordance with the Liability.

 

Complaint procedure
1 If Customer has a complaint about a product (in accordance with Warranty and Compliance Article) and / or other aspects of Massimo Mioretti’s service, he may lodge a complaint with Massimo Mioretti by phone, email or post. See the contact details below the Terms and Conditions.

2 Massimo Mioretti will give Customer a reply to his complaint as soon as possible, but in any event within 5 days of receipt of the complaint. If it is not yet possible to give a substantive or final response, Massimo Mioretti will confirm the complaint within 5 days of receipt of the complaint and indicate the period within which it expects to give a substantive or final response to the Customer complaint.

3 Client who does not act in the exercise of his profession or company may also file a complaint through the European Dispute Settlement Platform, available at https://webgate.ec.europa.eu/odr/

 

Final Provisions
1 Dutch law applies to the Agreement.

2 Insofar as no compulsory rules prescribe any disputes arising from the Agreement shall be submitted to the competent Dutch court in the district where Massimo Mioretti is located.

3 If a provision in these Terms and Conditions appears to be void, this does not affect the validity of the entire Terms and Conditions. The parties will in that case replace (a) new provision (s), which will allow as much as possible the purpose of the original provision.

4 Under “General Terms”, these Terms and Conditions also mean communication by e-mail and fax, provided that the sender’s identity and integrity of the e-mail are sufficiently secure.

 

Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.

Contact details

Massimo Mioretti Showroom
Haarlemmerweg 317h
1051 LG Amsterdam

Phone: +31 (0) 20 261 9116
e-mail: info@mioretti.com

Madetomeasure.shoes B.V.
Barbara Strozzilaan 101 – 201
1083 HN Amsterdam

Chamber of Commerce: 61494496
VAT number: NL854366234B01