The offer and sale of products on our website ("https://www.midlandeurope.com") are
regulated by these General Conditions of Sale.
SCOPE OF THE CONTRACT: The term "on-line" sales contract refers to a distance contract i.e. a legal transaction involving movable assets and/or services entered into between a supplier and a consumer and/or customer within a distance selling system organised by the supplier who uses remote "internet” communications technology for such a contract.
Therefore, all contracts of purchase will be entered into directly by the consumer and/or customer by accessing the website at https://www.midlandeurope.com, following the procedures indicated. The products purchased at http://www.midlandeurope.com are sold directly by Midland Europe srl VAT No. IT01410320350. The Midland Europe srl headquarters are located in Italy, in Via Sevardi 7 Reggio Emilia 42124 (RE) Italy. Any information can be requested through our customer support services by emailing Customer Support at [email protected]. Information on orders and shipments, refunds and returns of products purchased may be obtained at https://www.midlandeurope.com.
1. OUR COMMERCIAL POLICY
1.1 These General Conditions of Sale regulate exclusively the offer, transmission and acceptance of orders for the purchase of products on https://www.midlandeurope.com between the users of that website and the Vendor.
1.2 The General Conditions of Sale do not, however, regulate the supply of services or the sale of products by parties other than the Vendor who are present on the website http://www.midlandeurope.com by means of links, banners or other hypertext links. Before transmitting orders and purchasing products and services from parties other than the Vendor, we would advise you to check their terms and conditions of sale, as the Vendor is not liable for the provision of services by third parties other than the Vendor, or for electronic commerce transactions between the users of https://www.midlandeurope.com and third parties.
2. HOW TO ENTER INTO A CONTRACT WITH THE VENDOR
2.1 If you wish to enter into a contract to purchase one or more products on https://www.midlandeurope.com, you should fill in the electronic order form and send it online to the Vendor, following the relevant instructions.
2.2 The order form references the General Conditions of Sale as well as the Right of Withdrawal Notice, a brief summary of the following information: the essential characteristics of each product ordered, the price payable (including all applicable taxes or charges), the payment methods available to purchase each product, the delivery methods for the products purchased, the shipping and delivery costs, the conditions for the exercise of your right of withdrawal and the procedures and timeframes for the return of products purchased.
2.3 The contract is entered into when the Vendor receives your order form electronically, after checking that the data related to your order is correct.
2.4 You will be asked to carefully read the General Conditions of Sale before you purchase products by transmitting the order form, and also to read the Right of Withdrawal Notice, and to print or reproduce copies for your own use.
2.5 The order form will be stored in our database for the length of time required in order to process the orders, and for no longer than applicable legal deadlines.
2.6 Before transmitting the order form, you will also be asked to identify and correct any data entry errors.
2.7 Italian is the available language for entering into the contract with the Vendor.
2.8 After the contract is entered into, the Vendor will look after your purchase order.
2.9 The Vendor may not process purchase orders submitted by you, if they fail to provide adequate creditworthiness guarantees or are incomplete or incorrect or in the event that the products are unavailable. In these cases, we will notify you by e-mail that the contract has not been entered into and that the Vendor has not followed up your purchase order, stating the reasons. If the products displayed on the website https://www.midlandeurope.com, are no longer available or are no longer for sale at the time you last accessed the website or transmitted the order form, the Vendors will notify you that the products ordered are unavailable, and will do so promptly and no later than ten (10) days from the day after the order transmission date. The Vendor will reimburse any monies paid upfront if the order form and payment have already been transmitted.
2.10 Upon electronically transmitting the order form, you unconditionally accept and undertake to comply with these General Conditions of Sale in your dealings with the Vendor. If you do not agree with some of the provisions of the General Conditions of Sale, you should not submit an order form for the purchase of products on https://www.midlandeurope.com.
2.12 When the contract has been entered into, the Vendor will email you a purchase order summary containing the information already detailed in the order form (invoicing and shipping address, product/s purchased, respective prices, payment method).
3. GUARANTEES AND INDICATION OF PRODUCT PRICES
3.1 The Vendor does not sell products that are used, irregular or of a lesser quality than the corresponding standard products offered on the market.
3.2 The products' essential characteristics are detailed on https://www.midlandeurope.com inside each product sub-page. The images and colours of the products offered for sale on https://www.midlandeurope.com may not, however, correspond to the real images and colours due to differences in the Internet browser and monitor used.
3.3 Product prices may be updated. Please check the final price of sale before transmitting the relevant order form.
3.4 The Vendor cannot accept purchase requests from countries that are not on the list displayed on the order form.
3.5 If you exercise your right of withdrawal, the Vendor is entitled not to accept the return of products that have been altered in their essential and qualitative characteristics, or which have been damaged.
4. PAYMENT TERMS
4.1 You can follow one of the procedures indicated in the order form when paying for products and associated shipment costs.
4.2 If you are paying by credit card, the relevant financial information (e.g. credit/debit card number or the expiry date) will be transmitted using an encrypted protocol to PayPal or to other banking facilities that provide remote electronic payment services, and third parties will be unable to access such data. The Vendor, furthermore, will never use such information other than in order to complete the procedures associated with your purchase and to issue refunds in the event of product returns, after you exercise your right withdrawal or if it should prove necessary to pre-empt or alert the police to the commission of fraud on https://www.midlandeurope.com. The price for purchasing the products and the shipping costs (as indicated in the order form) will be charged on the conclusion of the order.
5. SHIPMENT AND DELIVERY OF PRODUCTS
Save as otherwise specified, products will be shipped by express courier delivery within 24/48 hours from the moment the payment is received. Island delivery may require an extra day. When product has been shipped you will receive an e-mail confirming this, specifying the courier used as well as the tracking number so that you can track your shipment directly on the courier's website. Shipments within the EU will take place by courier delivery.
6. CUSTOMER SUPPORT
You will be able to request any information through our customer support services by emailing Customer Support at [email protected].
7. RIGHT OF WITHDRAWAL
7.1 You are entitled to withdraw from the contract entered into with the Vendor, without penalty and without the need to give reasons, within fourteen (14) days from the date when you receive the products purchased on https://www.midlandeurope.com. It is not possible to exchange a chosen product for a different product.
7.2. In order to withdraw from the contract, please send a communication via our form "Contact us": https://www.midlandeurope.com/en_150/contact.
In the field "Area to contact" choose "Order returns from Midland website".
At the bottom, in the "Message" field enter the reason and specify your purchase order number.
7.3 The only expenses you shall incur are those related to the return of the purchased products, or the expenses for the carrier used.
7.4 The Right of Withdrawal - as well as compliance with the terms and procedures described in subsections 7.1, 7.2 and 7.3 above - shall be deemed to be properly exercised if the following conditions are also respected:
-) the products should not have been used, washed or damaged;
-) the products should be returned in their original packaging;
7.5 If the Right of Withdrawal is exercised in accordance with the procedures and deadlines indicated in subsection 7 herein, the Vendor will reimburse any sums already received for purchasing the products.
7.6 The Vendor will refund you these amounts at the earliest possible opportunity, but no later than 14 (fourteen) days have elapsed from the date when the Vendor received notice of the withdrawal decision.
7.7 If the procedures and deadlines for exercising your withdrawal right are not respected, as specified in subsection 7 herein, you will not be entitled to be reimbursed for amounts already paid to the Vendor; however, you will be entitled - at your own expense - to retrieve the products in the same condition they were in when returned to the Vendor. Otherwise the Vendor may retain the products, in addition to the amounts already paid to purchase them.
8. REIMBURSEMENT PROCEDURES AND TIMEFRAMES
8.1 The Vendor will make the refund at the earliest possible opportunity, but no later than 14 (fourteen) days have elapsed from the date when the Vendor received notice of the decision to withdraw from the contract. The Vendor will refund the relevant amount using the same payment method used for the initial transaction, save as otherwise communicated.
8.2 If the recipient of the products indicated in the order form is not the payor of the purchase transaction, the Vendor will be responsible for reimbursing the party that made the payment in the event that the right withdrawal is exercised.
8.3 If you should exercise your right of withdrawal, you will be responsible for covering shipping costs, and you will also be liable in the event of loss or damage to the products.
9. DATA PROTECTION
10. APPLICABLE LAW AND DISPUTE RESOLUTION
10.1 The General Conditions of Sale are regulated by Italian law and, in particular, by Legislative Decree No. 206 of 6 September 2005 (the Consumer Code) with specific reference to the legislation on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on aspects related to electronic commerce.
10.2 The professional user and Midland Europe srl agree to submit any disputes exclusively to the jurisdiction of the Court of Reggio Emilia.
10.3 The Court of the place where the consumer resides or is domiciled shall be the forum for the resolution of disputes pertaining to the implementation of this contract.
11. CHANGES AND UPDATES
The General Conditions of Sale are amended from time to time also in view of potential regulatory changes. The new General Conditions of Sale will take effect from the date of publication on https://www.midlandeurope.com.