Terms of Service

Welcome to Mia Bondi.

These terms and conditions apply to all contracts entered into with MiaBondi. Placing an order with MiaBondi means accepting these terms and conditions.If you have any questions regarding these terms and conditions, please contact our customer service at info@nowamilano.com.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Withdrawal period: The period within which the consumer can exercise the right of withdrawal;

  • Consumer: A natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: Calendar day;

  • Ongoing transaction: A distance contract concerning a series of products and/or services, where the obligation of delivery and/or purchase is spread over a certain period of time;

  • Durable data storage: Any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unaltered reproduction of the stored information;

  • Right of withdrawal: The possibility for the consumer to cancel the distance contract within the reflection period;

  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: A contract concluded within an organized system set up by the entrepreneur for the distance sale of products and/or services, where one or more remote communication techniques are used until the conclusion of the contract;

  • Remote communication technique: A means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;

  • General terms and conditions: These general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the conclusion of the distance contract that the terms and conditions can be consulted at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the conclusion of the contract, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable data medium. If this is not reasonably possible, the consumer will be informed before concluding the contract where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 shall apply mutatis mutandis. In the event of a conflict between the general terms and specific conditions, the consumer may always invoke the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time found to be wholly or partially invalid or void, the contract and the remaining terms and conditions shall remain in effect, and the relevant provision shall be replaced, by mutual agreement, with a provision that closely aligns with the intent of the original provision.

Situations not covered by these General Terms and Conditions will be assessed "in the spirit" of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted "in the spirit" of these Terms and Conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these faithfully represent the products and/or services offered. Obvious or apparent errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract cancellation.

The images accompanying the products are a true representation of the offered items. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains information that clearly states the rights and obligations associated with accepting the offer, including:

  • The price, excluding customs clearance fees and import sales tax. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply specific regulations for postal and courier services concerning imports. This regulation applies when goods are imported into the destination country within the EU. The postal and/or courier service will collect VAT (along with any customs clearance fees) from the recipient of the goods.

  • Any applicable shipping costs.

  • The procedure for concluding the contract and the necessary steps to complete it.

  • Whether or not the right of withdrawal applies.

  • The accepted payment methods, delivery process, and contract execution details.

  • The period for accepting the offer or the period within which the entrepreneur guarantees the price.

  • Any additional charges for remote communication if they differ from the standard base rate.

  • Whether the contract will be archived after its conclusion and how the consumer can access it if applicable.

  • How the consumer can review and, if necessary, correct the information provided before finalizing the contract.

  • Any other languages in which the contract can be concluded in addition to Dutch.

  • The codes of conduct adhered to by the entrepreneur and how the consumer can access them electronically.

  • The minimum duration of a distance contract in the case of a fixed-term agreement.

Optional: Available sizes, colors, and material types.

Article 5 - The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions specified therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the receipt of such acceptance is confirmed by the entrepreneur, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will implement adequate security measures.

The entrepreneur may—within the legal framework—verify whether the consumer is capable of fulfilling their payment obligations, as well as any facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to conclude the contract, they are entitled to reject an order or request or impose special conditions on the execution, providing reasons for doing so.

The entrepreneur will provide the consumer with the following information related to the product or service, either in writing or in a way that allows the consumer to store it on a durable data medium:

  • The address of the entrepreneur's premises where the consumer can address complaints;

  • The conditions and methods by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • Information about guarantees and existing after-sales services;

  • The details referred to in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided them to the consumer before the conclusion of the contract;

  • The conditions for termination of the contract if the contract lasts for more than one year or is indefinite. In the case of a fixed-term contract, the previous provision applies only to the first delivery.

Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without providing a reason for 14 days. This reflection period begins the day after the consumer or a representative designated in advance by the consumer receives the product.

During the reflection period, the consumer must handle the product and its packaging with care. The consumer may unpack or use the product only to the extent necessary to assess whether they want to keep it. If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur along with all accessories provided and, if reasonably possible, in the original condition and packaging, according to reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must communicate this in writing or by email. After declaring the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must demonstrate that the delivered goods were returned within the prescribed time frame, for example, by providing proof of shipment.

If the customer has not expressed the intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiration of the time limits specified in paragraphs 2 and 3, the purchase is considered final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days from the withdrawal. The condition is that the product has already been returned to the entrepreneur or that conclusive proof of the full return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in time before the conclusion of the contract.

The exclusion of the right of withdrawal is possible only for the following products:

  • Products that the entrepreneur manufactures according to the consumer's specifications;

  • Products that are clearly of a personal nature;

  • Products that cannot be returned due to their nature;

  • Products that may deteriorate or expire quickly;

  • Products whose price is subject to fluctuations in the financial market that the entrepreneur cannot control;

  • Individual newspapers and magazines;

  • Audio and video recordings and computer software whose seal has been broken by the consumer;

  • Hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is possible only for the following services:

  • Accommodation, transport, and catering services related to stays, transport, visits to restaurants, or recreational activities to be carried out on a specific date or within a specific period;

  • Services where delivery has started with the consumer's explicit consent before the end of the reflection period;

  • Betting and lotteries.

Article 9 - Price

During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, except for price variations due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that the prices indicated are indicative prices will be stated in the offer.

Price increases within 3 months from the conclusion of the contract are only allowed if they result from laws or regulations.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed to them and if they result from laws or regulations:

  • They arise from laws or regulations; or

  • The consumer has the possibility to cancel the contract from the day the price increase takes effect.

Article 5(1) of the Turnover Tax Act 1968 states that the place of supply is the country where the transport begins. In this case, the delivery occurs outside the EU. Consequently, the postal service or courier will collect the import VAT or customs duties from the customer. As a result, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and layout errors. In the case of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services are compliant with the contract, the specifications indicated in the offer, reasonable requirements of durability and/or usability, and the applicable laws and/or government regulations in force at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the normal one.

The warranty provided by the entrepreneur, the manufacturer, or the importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the contract.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any specific application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or have been treated negligently or contrary to the entrepreneur's instructions and/or packaging;

  • The defect is in whole or in part the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur commits to exercising the utmost care when receiving and fulfilling product orders.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days from the order's dispatch. In this case, the consumer has the right to cancel the contract free of charge and may be entitled to compensation.

In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days from the cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a substitute product. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for substitute items. Any return shipping costs will be borne by the entrepreneur.

The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and communicated to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Duration Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract for an indefinite duration concluded for the regular delivery of products (including electricity) or services at any time, in compliance with the agreed termination rules, and with a notice period not exceeding one month.

The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time upon expiration of the term. The agreed cancellation rules and a notice period not exceeding one month apply.

The consumer can modify the agreements referred to in the previous paragraphs:

  • Terminate at any time and not be limited to terminating at a specific time or period;

  • Terminate them at least in the form in which they were agreed upon;

  • Always terminate with the same notice period that the entrepreneur has established for themselves.

Extension

A contract concluded for a defined period for the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a defined period.

By way of exception to the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months if the consumer can terminate the renewed contract at the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular delivery of goods or services can only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month, and with a notice period not exceeding three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of a trial subscription (trial or introductory subscription) will not be tacitly extended and will automatically end at the end of the trial or introductory period.

Duration

If a contract has a duration longer than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins when the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report any inaccuracies in the payment information provided or mentioned.

In case of non-payment by the consumer, the entrepreneur has the right, in compliance with legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaint Procedure

Complaints related to the performance of the contract must be submitted to the entrepreneur in a complete and clearly described manner within 7 days of the consumer discovering the defects.

Complaints submitted to the entrepreneur will receive a response within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If the complaint is deemed justified by the entrepreneur, the entrepreneur, at their discretion, will replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 - CESOP

Due to the measures introduced and strengthened starting in 2024 regarding the "Law amending the Value Added Tax Act of 1968 (Implementation of the Payment Service Providers Directive)" and the introduction of the Central Electronic Payment Information System (CESOP), payment service providers may register data in the European CESOP system.