Terms and Conditions of Sale
Information and Terms and Conditions of Sale
Mico Sport S.p.A. (hereinafter “Mico Sport”) Tax Code T03329630176, with registered address in Brescia, via Stretta 161 registered on the Brescia Business Register (REA number 359646) is the owner of the website http://www.micosport.com
Acceptance of general conditions of sale.
1. The contract drafted between Mico Sport and the Customer must be completed with acceptance of the order, even only in part, by Mico Sport. By placing an order in the various ways provided, the Customer declares to have read all the information given to them in this document and/or during the purchase procedure and accepts the general conditions and payment terms outlined below.
2. If the Customer is a consumer (i.e. a physical person who buys the goods for purposes not related to his or her professional activity, that is to say does not indicate a business VAT code on the order form when making a purchase, as defined by article 3, paragraph 1, letter a) of the Consumer Code - hereinafter referred to as the “Consumer”), once the online shopping procedure has been completed, Mico Sport shall send a copy of these Sales Terms in pdf format that the Customer shall print or save, or in any case retain, in compliance with the provisions of the current Consumer Code on distance sales.
3. Any right of the Customer to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by Mico Sport’s failure to accept, even in part, an order is excluded.
Methods of purchase
4. The Customer can only purchase the products in the electronic catalogue at the time of placing the order and visible online at http://www.micosport.com, as described in detail in the relevant information documents. It is understood that the image accompanying the description of a product may not be perfectly and fully representative of its specifications, but differ in colour, size, and accessories shown in the image. All purchase support information is understood to be simple, general information material not relevant to the actual features of an individual product. The Customer may request more information using the specified contacts at any time.
5. Correct receipt of the order is confirmed by Mico Sport via an email response sent to the Customer’s email address. This confirmation message will include, in addition to a copy of these Conditions of Sale referred to in art. 2, an order completion Date and Time and a ‘Customer Order Reference’, to be used in any further communication with MICO SPORT. This message resumes all the data entered by the Customer, who undertakes to check its accuracy and to notify MICO SPORT promptly of any corrections, according to the methods described in this document.
6. In case of non-acceptance of the order, MICO SPORT guarantees timely communication to the Customer.
7. Credit card In the case of purchase with a Credit Card, at the time of conclusion of the online transaction, the reference bank shall authorise payment for the amount of the purchase made only. The amount relating to the goods delivered, even in part, will be actually charged to the Customer’s credit card only when the courier notifies MICO SPORT of the successful physical delivery of the order. Should this courier notification fail to arrive or not be foreseen for certain types of delivery, , MICO SPORT, in the absence of a certain date of delivery of the ordered goods, reserves the right to charge the credit card on the day following shipment of the product. In the case of orders containing one or more products according to availability, upon request, due to long delivery times and the expiry of credit card authorisation, the credit card payment will be taken after successfully notifying the Customer of the date of expected delivery.
7.1 In the event of cancellation of the order, either by the Customer, or in the case of failure by MICO SPORT to accept the order, MICO SPORT will request immediately the cancellation of the transaction and the release of the amount guaranteed. Release times, for certain types of card, depend exclusively on the banking system and may reach their natural expiry date (24th day from the date of authorisation). Upon the cancellation of the transaction, the Customer acknowledges and expressly accepts that MICO SPORT shall under no circumstances be liable for any direct or indirect damages caused by delay in the release of the amount guaranteed by the banking system.
7.2 MICO SPORT reserves the right to request additional information from the Customer (e.g. fixed telephone number) or to request copies of documents proving ownership of the Card used. In the absence of the documentation requested, MICO SPORT reserves the right not to accept the order.
7.3 At no time during the purchase procedure shall MICO SPORT have access to the buyer’s credit card information, which is transmitted via a secure connection directly to the website of the bank that manages the transaction. No MICO SPORT computer archives will store this information. Therefore, under no circumstances shall MICO SPORT be liable for any fraudulent and unlawful use of credit cards by third parties at the time of payment for purchased products.
8. Purchases via PayPal In the case of purchasing goods through PayPal payment methods, PayPal will promptly charge the amount of the purchase made at the conclusion of the online transaction.
8.1 In the event of cancellation of the order, either by the Customer or in the event of its non-acceptance by MICO SPORT, the amount of the cancelled order will be re-credited to the customer’s PayPal account at time of the cancellation. Re-crediting times on the payment tool chosen within PayPal depend exclusively on PayPal and the banking system. Once the amount is re-credited to the PayPal account, MICO SPORT shall under no circumstances be held liable for any direct or indirect damages caused by delays in the actual re-crediting by PayPal or the banking system.
8.2 MICO SPORT reserves the right to request additional information from the Customer (e.g. fixed telephone number) for the purposes of ascertaining actual ownership of the PayPal account. In the absence of the documentation requested, MICO SPORT reserves the right not to accept the order.
8.3 At no time during the purchase procedure shall MICO SPORT have access to the buyer’s credit card information or information on other methods chosen within PayPal. Therefore, under no circumstances shall MICO SPORT be held liable for any fraudulent and unlawful use of credit cards by third parties at the time of payment of purchased products.
Delivery methods and costs
9. For each order made, MICO SPORT issues an invoice of the shipped goods, sending it by email to the person named on the order, in accordance with current legislation. For the issuing of the invoice, the information provided by the Customer shall be considered binding at the time of the order. No changes to the invoice will be possible once it has been issued.
10. Delivery costs are borne by MICO SPORT, with the exception of any Transport Contribution Costs, which are explicitly highlighted at the time the order is made. The Customer shall pay for goods using the method chosen at the time of the order. Nothing more is due to be paid by the Customer beyond the total of the order.
11. MICO SPORT shall not be liable for any delays in dispatching or delivery of orders. In any case, where the Customer is a Consumer, MICO SPORT undertakes to deliver the goods to the consumer without delay and at the latest within thirty days from the date of the completion of the contract as stated in article 61, paragraph 1 of the Consumer Code .
12. Delivery the ordered is understood to mean at street level, save for the following:
• notification of otherwise from our customer service
• otherwise foreseen in the product data sheet
• specific payment for delivery to a particular floor, where provided
13. At the time of delivery of the goods by the courier, the Customer is required to check:
• that the number of items in the delivery corresponds to that indicated in the delivery document sent by advance email;
• that the packaging is intact, undamaged, neither wet nor otherwise altered, including the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or the product or the incorrect number of items or labelling must be notified immediately, including WRITTEN NOTIFICATION (SPECIFYING THE REASON, e.g. “hole in packaging”, “crushed packaging” , etc.) on the courier delivery document. Once the courier’s document is signed, the Customer shall be unable to dispute any of the external features of the delivery.
14. In the case of failure to collect goods held at the courier warehouse, within 5 working days, due to repeated failed delivery to the address indicated by the Customer at the time of the order, the order will be returned to the MICO SPORT warehouse.
Right of withdrawal
15. In accordance with the Consumer Code, if the customer is a Consumer, he/she has the right to terminate the purchase contract for any reason, without explanation and without penalty, except as described in paragraphs 16, 17 and 18 below. 16. The Customer has the right to withdraw from the contract within 14 days.
The period for exercising the right of withdrawal expires after 14 days from the day the Customer or a third party, other than the courier and assigned by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer is required to notify MICO SPORT, using the contacts referred to in art. 33 below, of his/her decision to withdraw from this contract by means of an explicit statement (e.g. letter sent by post, fax or email). A contract withdrawal form for this purpose can be downloaded at the following address Return Document
In order to comply with the terms of withdrawal, the Customer must send notification of his/her exercise of the right of withdrawal before the expiry of the withdrawal period.
If the Customer withdraws from this contract, MICO SPORT will refund to the Customer all payments made to MICO SPORT, including shipping costs (except for additional costs arising from the Customer choosing a shipping method other than the cheapest standard shipping offered by MICO SPORT) without undue delay and in any case no later than 14 days from the date on which MICO SPORT receives notification of the Customer's decision to terminate this contract. These refunds will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, MICO SPORT guarantees that the Customer shall incur no costs as a result of such a refund.
The Customer acknowledges and expressly accepts that MICO SPORT shall be entitled to suspend the aforementioned refund until it receives the returned goods, or until the Customer has provided proof of having returned the items, whichever is earlier.
16.The Customer shall return the goods or deliver them to MICO SPORT without undue delays and in all cases within 14 days of the date of notifying MICO SPORT of their intention to withdraw from this contract.
The goods must be returned intact, complete with all their parts and original packaging (bags and boxes), kept and used in accordance with normal care, without any signs of wear or soiling, subject to the conditions of points 16, 17 and 18 herein. As stated in art. 57, paragraph 2 of the Consumer Code, the Customer shall be responsible for any loss in value of the goods resulting from handling of said goods in a manner other than that necessary to ascertain the nature, characteristics and working order of the goods.
17.The right of withdrawal is in any case subject to the following conditions:
• the right applies to the product purchased in its entirety; it is not possible to return only part of the purchased product;
• by law, shipping costs relating to the return of the goods are the responsibility of the customer; • the shipping, up until proof of successful delivery to the MICO SPORT warehouse, is the full responsibility of the Customer;
• in the event of damage to the goods during transport, MICO SPORT will notify the customer of the incident (within 5 working days of receiving the goods in the warehouse), to allow him/her to file a prompt complaint against the chosen courier and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return to the courier, with the simultaneous cancellation of the return request; • MICO SPORT is not liable in any way for damages or theft/loss of goods returned with uninsured shipping;
18.With the exception of that stated in this contract and under art. 57, paragraph 2 of the Consumer Code, MICO SPORT shall repay to the customer the full amount already paid by means of the cancellation of the amount charged to the Credit Card or paid through Bank Transfer. For the latter, the customer shall be responsible for providing in a timely manner details of the bank account with IBAN into which the refund is to be paid (Current Account of the person named on the invoice).
19.All products sold by MICO SPORT are covered by the manufacturer’s standard warranty and a 24-month warranty for lack of conformity, pursuant to the Consumer Code. In order to benefit from warranty service, the Customer must keep the invoice (or Delivery Document) that he/she will receive by email in PDF format. Exercise of the Warranty may involve making a request for assistance to the local Authorised Service Centres and/or following of the procedures described in the documentation contained within the product packaging.
20.The manufacturer’s standard warranty is provided in the manner described in the documentation contained within the product packaging. If, following intervention by an Authorised Service Centre, the defect proves not to be covered by the manufacturer’s standard warranty, the Customer will be charged for any inspection and repair costs requested by the Authorised Assistance, as well as any transport costs incurred by MICO SPORT.
21.The 24-month warranty under the Consumer Code applies to products which exhibit a conformity defect, provided that the product itself is used correctly in accordance with its intended use and with that provided for by attached technical documentation. This guarantee is reserved for private Consumers (a physical person who buys the goods for purposes not related to his or her professional activity i.e. does not indicate a business VAT reference on the order form when making a purchase). In the event of a conformity defect, MICO SPORT will ensure restoration of product conformity by repairing/replacing it or reducing the price, at no cost to the Customer, until the contract is terminated. If, following intervention by an Authorised Assistance Centre, the fault does not prove to be a conformity defect pursuant to the Consumer Code, any costs for inspection and repair requested by the Authorised Assistance will be charged to the Customer, as well as any costs of transport incurred by MICO SPORT
22.Replacements in the case of a product that is non-functioning at the time of delivery are only provided if expressly agreed by the manufacturer. Product replacement and repair times depend exclusively on the manufacturer's policies.
23.In the event that, for any reason, MICO SPORT is unable to provide a customer with a warranty product (restored or replaced), MICO SPORT may refund the amount paid at its own discretion, taking into account the use of the goods, or replace it with a product with equivalent or superior characteristics.
24.The repair time or possible replacement time of the product depend exclusively on the manufacturer’s policies and MICO SPORT shall not liable for any delays in repairs or replacements.
25.In cases where the application of the guarantees involves the return of the product, the goods must be returned by the Customer in the original packaging, complete with all parts (including packaging and any documentation and accessories: manuals, cables, etc. ... ); to limit damage to the original packaging, it is recommended that you place it in a second box; attaching labels or adhesive tape directly to the original packaging of the product must be avoided in all cases. The Customer will be provided with a product return authorisation number (PRA) that must be displayed on the outside of the package, following the instructions provided directly in the relative authorisation email. Intellectual and Industrial Property Rights
26. MICO SPORT declares that the Website, as well as all the trademarks and logos used by MICO SPORT in relation to the sale of products, is protected by applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration or transformation in any form whatsoever and for whatever purpose of the contents of the website, trademarks and logos used by MICO SPORT is prohibited (such as, by way of example, works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, features and design of the website).
27. MICO SPORT is under no circumstances liable with regard to the trademarks and logos that appear on the products it markets on the Website, with regard to which the Customer does not acquire any rights following the completion of the contract.
28.The personal information requested during the placing of the order is collected and processed for the purposes of satisfying the express requests of the Customer and will under no circumstances and for no reason be passed on to any third party. MICO SPORT guarantees its customers full compliance with the laws on the processing of personal information, governed by the privacy code pursuant to Italian Legislative Decree no. 196 of 30.06.03. The data controller is: MICO SPORT
Information and Complaints
29.Any complaints should be addressed to Mico Sport Spa Via Stretta 161 - 25136 Brescia Italy
30.The sales contract between the Customer and MICO SPORT is understood to be completed in Italy and governed by Italian Law. For the resolution of any disputes arising from entering into this contract of distance sale, if the Customer is a consumer, the jurisdiction is that of the reference court of his/her area of residence; in all other cases, the jurisdiction is exclusively that of the Court of Brescia with the exception of similar or alternative courts