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Summary of our terms of sale. Below you can find the detailed version.
PRODUCT AVAILABILITY AND DELIVERY TIMES
The delivery times for the products are indicated in each product page and within the product categories.
In particular:
- The caption “GUARANTEED DELIVERY 24-48 H” indicates that: the product is available in the warehouse and we commit to shipping it within 12 hours after the order. The couriers we rely on (GLS, BRT, TNT) generally deliver throughout the Italian territory within 24-48 hours from the collection of packages in the warehouse;
- The term “AVAILABLE” indicates that: the product is not available in the warehouse, but the manufacturer has committed to delivering it to our warehouse within 48 hours after we place the order. This allows for us to receive the goods and ship them to your address within a working week from your order; it is reasonable to estimate that you will receive the ordered products within 8/10 days; in any case, we are committed to providing specific delivery times and communicating them to you on the same day as you order;
- The term “DELIVERY IN 2 WEEKS, 1 MONTH” relates to the purchase of handicrafts made by small workshops and therefore, the delivery times are longer. Nevertheless, we always commit to providing specific delivery times and communicating them to you.
If your order quantity exceeds what is available in stock, we will inform you as quick as possible. In case you have special needs, we can also arrange a partial shipment;
For products in the “Sacraments” category, the website also indicates the numerical quantity available in stock. With reference to these products, we commit to shipping them on the dame day as you order, if the order does not exceed the available quantity.
In any case we will do everything in our power to promptly communicate via phone, WhatsApp, or email, any information regarding orders that cannot be completed in their entirety.
RETURN
No need to panic! Returning your product is always possible, unless you ordered a customized product.
If you return products:
- For causes attributable to Myriam, we are responsible for the shipment until the courier delivers the goods. We will take care of sending the courier to the pickup point and will take care of the costs;
- For causes that are not attributable to Myriam, you will take care of all the shipping costs for the return;
REFUNDS
All refunds are processed within 14 days after receiving the returned product using the same payment method you used for your purchase.
You can also choose to replace the product. In that case we can discuss the terms and any related costs. Our goal is to do everything in our power to try and resolve any issues that you will communicate to us.
METHODS OF PAYMENT
PayPal (free)
Credit Card (free)
Bank Transfer (the order is validated only upon receipt of the credit)
For any further information, you can contact us at:
- Customer care service +39 0882335424;
- WhatsApp +39 3921014858;
- stefania@myriam.it
Conditions of sale – extended version
General Conditions of Sale
Legal notice
These General Terms and Conditions of Sale regulate the online purchase made through the website www.myriamartesacra.com (hereinafter referred to as the “Website”) of goods in the catalog and/or requested by customers through specific customization, where provided. These conditions are drafted in accordance with the Legislative Decree of 6 September 2005, no. 206 (hereinafter referred to as the “Consumer Code”), with specific reference to Section II, and the Legislative Decree of 9 April 2003, no. 70 implementing the EU Directive on Information Society Services (the so-called “E-Commerce directive”).
1. DEFINITIONS
1.1. For the purposes of these General Terms and Conditions of Sale, the following terms shall have the meaning hereinafter assigned to them (without distinction between singular and plural):
a) “Myriam Arte Sacra of Pasquale Pio Albanese & C. sas (hereinafter referred to as “Myriam”): the supplier of the products offered for sale on the Website, or any other natural or legal person authorized by the aforementioned supplier that identifies the product offered for sale on the Website with a trademark or another distinctive sign authorized by Myriam or with trademarks and other distinctive signs for which Myriam is a licensee as an authorized retailer and/or an authorized seller;
b) “Client”: the legal or natural person (customer or professional, as specified hereinafter) that purchases the products offered on the Website by agreeing to these General Conditions of Sale; it should be noted that browsing the Website is implicit in the purchase of the aforementioned products;
c) “Customer”: the natural person that acts for purposes other than eventual business, commercial, craft or professional activity;
d) “Distance Contract”: the contract concerning goods offered on the Website to the customer or professional, under an organized distance sales or service provision scheme and without the physical and simultaneous presence of Myriam and the customer, through the exclusive use of one or more means of distance communication, for the purpose of concluding the contract, and including the concluding the contract;
e) “Force Majeure”: events that fall outside the control of Myriam including, by way of example and not limited to, strikes, fires, natural disasters, any form of government intervention, including trade restrictions and prohibitions established based on territorial and extraterritorial economic or trade sanctions imposed by national, foreign governments, or international institutions, impossibility of procuring materials or services, damages, delays attributable to suppliers or carriers; the customer will be promptly informed of any Force Majeure event via email or phone notification.
f) “Working days”: the days when Myriam’s offices are open for regular activities (usually every day from 9:00 AM to 8:00 PM, excluding Saturdays, Sundays, Holidays and on certain special occasions of which timely notice will be provided on the Website.
g) “Parties”: Myriam and the Customer collectively;
h) “Product/s”: all goods offered for sale on the Website that may be offered for sale on the Website in the future, and to be purchased through conclusion of the respective Distance Contract; this definition also includes “goods produced according to the customer’s specifications”, meaning any non-prefabricated goods made based on an individual choice or decision of the customer;
i) “Professional”: natural or legal person acting in the exercise of their own business, trade, craft or professional activity, or an authorized intermediary thereof;
l) “Website”: altogether, it is the website myriamartesacra.com, owned by Myriam, which offers the possibility to conclude a Distance Contract;
m) “Means of distance communication”: any means which, without the simultaneous physical presence of Myriam and of the customer or professional, may be used for the conclusion of the Distance Contract between the mentioned parties, including the Website.
1.2. The rules specifically provided for the protection of the Customer do not apply to a customer who is, in turn, a Professional. Therefore, the Professional may not rely on the specific rights and terms outlined in these General Terms and Conditions of Sale, which are exclusively in favor of the Customer, without prejudice to the applicability of the other conditions.
2. OBJECT
2.1. These General Conditions of Sale regulate and are integral and essential part of distance Contracts stipulated by means of distance communication (including the online mode through the Website) between Myriam and Customers and concerning Products offered for sale. It is specified that the Products offered for sale are religious items and other related and/or accessory items.
2.2. The Distance Contract is governed by the version of the General Terms and Conditions of Sale in force at the time the order is placed by the Customer.
2.3. The purchase operations of online Products and the stipulation of the relative distance contracts are subject to the prior acceptance of these General Terms and Conditions of Sale and the registration of the Customer who makes the purchase.
3. INFORMATION TO THE CUSTOMER
3.1. Whenever the distance Contract is stipulated between Myriam and a Consumer Customer, the following mandatory information is provided in accordance with and for the purposes of art. 49 of the Consumer Code:
3.2. The identity, registered office, and the contact information of Myriam as the supplier of the Products offered for sale on the Website, are as follows:
Company name: Myriam Arte Sacra di Pasquale Pio Albanese & C. sas
Registered office: Via Teodoro Tardio snc, Postcode 71015, San Severo (FG)
Tax identification number and VAT number: 04121510715
REA (Economic and Administrative Index): 302290
Tel.: +39 0882 335424
Email: store@myriamartesacrastore.it
PEC (Certified email): myriamartesacra@pec.it
The registered office, in addition to the contact information laid down in art. 3.5, letter (a), is the address to which the Consumer Customer may send complaints - in accordance with and for the purposes of Article 49, paragraph 1, letter (d) of the Consumer Code.
3.3. The essential characteristics of the Products offered for sale are set forth in the product sheets published on the Website, along with pictures/photographs accessible by the Client prior to submitting the purchase offer. Myriam reserves the right to modify/update the technical and dimensional information of the Products in the catalog at any time, even without prior notice. The product sheets or web pages related to the buying process also provide the following information:
a) the price;
b) additional expenses and shipping costs, depending on the shipping and delivery methods offered on the Website and selected by the Customer, and any other additional costs to be paid by the Customer depending on the case;
c) methods of payment, delivery (along with time details) and execution;
d) return policy.
3.4 With reference to the right of withdrawal, see clause 8 below.
3.5. In addition to the mandatory information laid down above, following information is provided, by means of the Consumer Code and the Legislative Decree No. 70/2003, in favor of both Consumer Customers (as a supplement to the information provided above) and Customers that are not Consumers (legal identities and professionals):
a) with reference-to-reference details allowing to contact rapidly Myriam and communicate directly and effectively, following details – including phone number and email address – are to be laid down:
CUSTOMER CARE SERVICE
§ Tel.: +39 0882 335424
§ Mob.: +39 392 1014858
Email addresses:
§ store@myriamartesacrastore.it (General Information)
Tax identification number and VAT number: 04121510715; REA (Economic and Administrative Index): 302290
3.6 These General Conditions of Sale and the provisions set forth in Article 3 are intended as information on a durable medium provided to the Consumer Customer in accordance with and for the purposes of Article 51 of the Consumer Code.
4. ACCEPTANCE OF THE ORDER
4.1. By submitting the online order, the Customer makes a purchase offer to Myriam for the Product(s) placed in the cart. When the Customer places an online order for the product(s) placed in the cart, he/she agrees to purchase them at the price and under the terms specified in these General Terms And Conditions Of Sale. Myriam will send the Customer an order confirmation email containing the order number, date, total amount, and mode of delivery. If for any reason Myriam is unable to fulfill the Customer’s order (for one or more of the reasons indicated below), the Customer will be promptly notified through the website or by telephone contact.
4.2. More specifically, Myriam will cancel the order:
- In the event of purchase of a product that is available in stock, but in a lower quantity with respect to the order placed by the Customer, and the product is no longer in production by the manufacturer;
- If the issuer of the Customer’s credit card does not confirm the payment.
Myriam reserves, in any case, the right to not accept the order, and in such a case, will give prompt notice to the Customer.
5. PRICES
The prices of the Products published on the Website include VAT and represent the currently valid selling prices.
6. PAYMENTS
The client undertakes to pay for the purchased products and the related shipping costs at the time of placing the order, using one of the available credit cards as indicated on the website, via bank transfer (in which case the order will be processed upon receipt of the CRO (transaction reference code)
SCALAPAY: if you buy using Scalapay, you receive your order right away and you can pay in 3 installments. Please be aware that the installments are paid to Incremento SPV S.r.l., related parties and their assignees, and that the transfer is authorized.
7. DELIVERY
7.1. In case of order acceptance:
- shipping will be made on the same day as the order acceptance or on the next working day after the acceptance, unless otherwise agreed between the Parties, except for cases where it is specified that the ordered goods are not available on stock – in this case, shipments will be made as soon as the ordered goods are delivered by their producers to Myriam’s warehouse (notwithstanding that the usual delivery times are indicated in each product sheet) – or except for cases in which Myriam, with reasonable notice, informs the Customer of different delivery times and execution time of the Contract, depending on the availability of Products or specific requirements of the Customer that imply different timeframes for the order execution, delivery and processing;
- if the order is placed on a non-working day, the ordered goods will be shipped on the first following Working Day.
“Guaranteed Delivery in 24/48 h”: this means that Myriam Arte Sacra commits to ship the order within 24/48 hours after the order placement, in the knowledge that the courier delivery times in Italy (excluding islands and Calabria) are 24/48 business hours. Concrete example: order placed before 10 in the morning of a working day will be shipped on the same day, with a reasonable likelihood of delivery within the following 24/48 hours in the specified areas. This workflow strictly depends on the delivery speed, which can sometimes be delayed due to unforeseen issues.
Exceptions may occur in the case of Force Majeure events.
7.2. The goods will be delivered using a home delivery service. Shipping refers to the delivery of the goods to the courier. The delivery times described during the purchase process on the website depend on the delivery method used, on the weight and size of the purchased items. The courier will deliver the goods only against a signature that confirms the receipt of the order.
7.3. If the ordered goods shipped by courier are not delivered within the deadline, the Customer shall immediately contact Myriam’s Customer Care Service at the following numbers that are also published on the Website:
§ Tel.: +39 0882 335424
§ Mob.: +39 392 1014858
7.4. In the event that the goods have not been delivered due to the inability of the Customer to receive them, the Customer shall contact the courier through the contacts provided by the courier for cases of non-delivery. If this is not possible, the Customer shall contact Myriam’s warehouse through the following contacts that are also published on the Website:
§ stefania@myriam.it (Order Management)
7.5. If the shipping of the ordered goods does not take place within the agreed delivery times or the courier does not provide for the delivery of the goods within the agreed delivery time, Myriam will contact the Customer in the shortest possible time and will do everything possible to arrange a different delivery deadline, basing on the Customer’s needs. In the event that it is not possible to reach an agreement to this effect, Myriam will refund the full amount paid by the Customer.
7.6. If the Customer requests the shipping and delivery to a country other than Italy – provided that such option is available on the Website – upon arrival in the Customer’s country, the purchased Product may be subject to the payment of custom fees (such as, for example, fees , duties, taxes commissions, etc.) which will be the sole responsibility of the Customer. Myriam is not liable for custom fees and is not obligated to monitor the respective amounts. The Customer is, therefore, responsible for verifying the amount of possible, unpredictable duties in advance. For this reason, Myriam suggests that the Consumer Customer verifies – prior to dispaching any order request – the cost of such possible charges of this kind by contacting the customs offices of the country where the delivery of the Product should take place, in order to receive detailed information in relation to this subject.
If the Customer rejects the purchased Product at the time of its delivery or refuses to pay the custom fees (both those related to delivery in the Customer’s country and those that shall be borne in percentage by Myriam on behalf of the customs agents and for the purpose of redelivery of the Product(s) to Italy), the Customer is responsible for all the costs related to the unpaid custom fees.
7.8. The customs procedures may cause delays in the delivery of the Product. In case of delay, it is recommended that the Customer carries out the necessary verifications at the proper customs offices. The invoice for custom fees may arrive weeks after receipt of the Product by the Customer.
7.9. Further information about shipping and related expenses can be found by accessing the following page on the Website: https://www.myriamartesacra.com/content/3-shipping-costs
8. RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT
8.1. Only Consumer Customers may benefit from the right of withdrawal (therefore excluding Customers represented by natural persons who are professionals, just as all the rights and faculties deriving from a valid exercise of the right of withdrawal are excluded for these categories of customers) in accordance with the terms and conditions laid down below.
8.2. The Consumer Customer shall have a period of fourteen days to withdraw from the Distance Contract without having to provide any reasons, without incurring any liability and costs other than those provided for in the following clauses, expect as provided in clause 8.6.
8.3. The withdrawal period referred to in section 8.2. shall end within fourteen days from the day on which the Consumer Customer or a third party (other than the carrier designated by the Consumer Customer) acquires physical possession of the Products or: (a) in the case of a contract of sale relating to multiple products ordered by the Consumer Customer with a single order and delivered separately, from the day on which the Consumer Customer (or a third party other than the carrier designated by the Consumer Customer) acquires physical possession of the last Product; (b) in the case of a contract of sale relating to the delivery of goods consisting of lots or multiple pieces, from the day on which the Consumer Customer (or a third party other than the carrier designated by the Consumer Customer) acquires physical possession of the last lot or piece.
8.4. Before the end of the withdrawal period, the Consumer Customer shall send to Myriam the communication concerning the exercise of the right of withdrawal from the Distance Contract by sending a written communication to one of the contacts given in section 3.2. of these General Terms And Conditions Of Sale. The Consumer Customer’s right of withdrawal within the withdrawal period shall be understood as exercised if the Consumer Customer sends a written communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
8.5. The integrity of the Product to be returned – following the exercise of the right of withdrawal – is an essential condition for exercising the right itself. In particular, the Product must in any case be stored in its original package and returned intact, complete in all its parts and without any damage. Once the product reaches Myriam’s warehouse it will be inspected. In case of damage or tampering, the refund cannot be requested.
8.6. The Consumer Customer cannot exercise the right of withdrawal as specified in clause 8 if the distance Contract concerns customized Products or Products for which the Customer has requested particular specifications by the Consumer Customer. This includes, in particular, distance contracts for Products that are custom-cut and/or tailored to the measurements or requests of the Consumer Customer, such as customized rosaries and religious items, ruffle trims sold by the meter, fabrics sold by the meter, border trims sold by the meter, trimmings sold by the meter, braided trims, tailor-made ecclesiastical sets.
8.7. In the event of the exercise of the right of withdrawal within the terms specified above, Myriam will refund to the Consumer Customer all payments, including delivery costs if applicable, without undue delay and in any case within fourteen days from the day on which Myriam receives the Consumer Customer’s communication of their decision to withdraw from the Distance Contract.
8.8. Myriam will refund the Customer using the same means of payment the Customer used for the initial transaction, unless the Consumer Customer has expressly agreed otherwise. The Consumer Customer shall not incur any costs as a consequence of the refund.
8.9. Myriam shall not be obliged to reimburse additional costs of shipping and delivery if the Consumer Customer has expressly requested a type of delivery other than the least expensive type of delivery offered on the Website, nor any amount by way of custom fees – where applicable – as specified in clauses 7.6. and 7.7.
8.10. Myriam may withhold reimbursement until receipt of the returned Products or until the Consumer Customer has provided evidence of having sent back the Products, depending on which situation occurs first.
8.11. The Consumer Customer shall return the Products or deliver them to Myriam (or a third party authorized to receive the Products by Myriam) without undue delay and in any case within fourteen days from the date on which the Customer communicates to Myriam its decision to withdraw from the Distance Contract. The deadline shall be deemed to have been met if the Consumer Customer sends back the Products before the expiry of the fourteen-day period indicated above. The Consumer Customer shall only have to bear the direct cost of returning the Products. The substantial integrity of the returned goods is an essential condition for the exercise of the right of withdrawal. The Products must be returned in an intact state of preservation and with original labels – where present – which have not been removed, in the same conditions in which they were received, provided with the original packaging and all accompanying documentation. The packaging of the Products must be accurate, in order to safeguard the original wrappings from damage, inscriptions or labels.
8.12. Further information on returns and refunds can be found by accessing the following page on the Website: https://www.myriamartesacra.com/content/7-returns-and-refunds
9. WARRANTY ON THE PRODUCTS IN FAVOUR OF THE CONSUMER
9.1. Only in the cases where the Distance Contract is concluded with a Consumer Customer and where the purchased Product does not comply with the provisions laid down in the Distance Contract, the Consumer Customer may benefit from the following warranty rights in accordance with and for the purposes of the Consumer Code.
9.2. In accordance with article 49, paragraph 1, letter (n) of the Italian Consumer Code, following information concerning the legal warranty for the conformity of goods is communicated to the Consumer Client.
9.3. In the event of a lack of conformity of the Product, the Consumer Customer shall have the right to the restoration – without expenses – of the conformity of the goods by means of repair or replacement or an adequate reduction of the price or termination of the contract. The Consumer Client at its option may request Myriam to repair the goods or replace them without charge in both cases (costs refer to the expenses related to shipping, labor and materials, especially concerning shipping expenses), unless the requested remedy is objectively impossible or excessively costly compared to the other one. One of the two remedies shall be deemed excessively onerous if it imposes on Myriam unreasonable expenses in comparison with the other, taking into account: a) the value the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; c) whether the alternative remedy can be pursued without significant inconvenience for the consumer.
9.4. The Consumer Customer may request, at its option, an appropriate reduction in the price or the termination of the contract if one of the following situations occurs: a) the repair or replacement is impossible or the cost is disproportionate; b) Myriam has not repaired or replaced the goods within a reasonable period of time, taking into account the nature of the Product and the purpose for which the consumer purchased the Product; c) the replacement or repair carried out previously has caused significant inconvenience to the Consumer. When determining the amount of reduction or the reimbursement amount, the use of the Product will be taken into account.
9.5. After the Purchaser has reported the lack of conformity, Myriam may offer the Consumer Customer any other remedy available, with the following effects: a) if the Consumer Customer has already requested a specific remedy, Myriam shall proceed to implement it, subject to acceptance by the Consumer of the alternative remedy proposed by Myriam; b) if the Consumer Customer has not already requested a specific remedy, they must accept the proposal or reject it by choosing another remedy as provided for in this clause 9.
10. APPLICABLE LAW AND JURISDICTION
10.1. These General Terms and Conditions of Sale are governed by Italian law.
10.2. Consumer Customer: any disputes between Myriam and the Consumer Client in relation to these General Terms and Conditions of Sale are reserved to the competent court in the place of residence or domicile of the Consumer Customer, if located within the territory of the State.