Warranty and disputes
The Consumer, as defined in art. 3 of the Consumer Code (hereinafter, the "Consumer Code", Legislative Decree 6 September 2005, n. 206), has the right to avail itself of the legal guarantee provided by the Consumer Code itself in articles 128 to 132.
This Guarantee provides, inter alia, that the Consumer, under penalty of forfeiture, reports to Mistral Optical the possible lack of conformity found by the Consumer in the product purchased within 2 (two) months from the discovery (art.132, Consumer Code ).
Following this complaint, the Consumer will have the right to request the repair or replacement of the Product, without prejudice to the other rights provided by law in favor of the Consumer.
By virtue of the aforementioned legal guarantee, Mistral Optical is responsible for defects of conformity that occur within 2 (two) months from the delivery of the product.
Beyond this term, Mistral Optical will not be responsible for the conformity defects found by the consumer. In case of replacement or repair of the Product, the terms of the warranty relating to the Product given as a replacement or resulting from the repair, are the same as the original product.
Therefore, the overall two-year or half-yearly duration, for the fabric parts, of the legal guarantee will in any case start from the Delivery of the original product. In order to take advantage of the guarantee, we recommend that you present the purchase document.
Please refer, in any case, for the regulation of the legal guarantee, to the rules of the Consumer Code referred to in articles 128 and following.
This guarantee is provided limited to the territory of the Italian Republic, the Vatican City State and the Republic of San Marino ("Legal guarantee of conformity for consumer goods) provided for in Title III, Chapter I of the Consumer Code (art. 128 ss. .). The products are guaranteed, for the duration indicated above and within the territory identified above, if they present defects / defects of conformity.
Any liability of the seller is excluded, and therefore the operation of the warranty is excluded, if the product itself has not been used correctly, in compliance with the intended use.
This guarantee is issued only in favor of the Customer who is a Private Consumer pursuant to the Consumer Code.
Non-consumers are invited not to make purchase orders (natural person who buys the goods for purposes not related to their professional activity, or makes the purchase without indicating a VAT number on the order form) .
If one or more sales are made to a non-qualified consumer, these general conditions of sale will apply but, in derogation from what is provided for in the same:
- the buyer will not be granted the right of withdrawal pursuant to article 10;
- the buyer will not be able to benefit from the product warranty indicated in article 8;
- the buyer will not be recognized any other protections, provided for in favor of the consumer, which reflect or comply with mandatory provisions of the law;
- the sales contract concluded between Mistral Optical and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods
- Vienna Convention of 1980.
In the event that, for any reason, it is unable to return a product under warranty (restored or replaced) to its Customer, Mistral Optical will return the amount paid taking into account the use of the goods or its replacement with a product of equal or greater characteristics.
The times of repair or possible replacement of the product depend exclusively on the policies of the manufacturer and no damage can be requested from Mistral Optical for any delays in carrying out repairs or replacements.
In cases where the application of the above guarantee provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc ...); to limit damage to the original packaging, insertion into a second box is recommended; in all cases, the Customer should avoid affixing labels or adhesive tapes directly on the original product packaging.
The Customer will be provided with a "Return Code" for the return of the product which must be indicated outside the packaging, following the instructions provided directly in the relevant authorization e-mail.
Right of withdrawal:
The right of withdrawal is exercised by sending - prior to the expiration of the withdrawal period - a communication of withdrawal (hereinafter "Notice of withdrawal") by paper mail addressed to: Mistral Optical S.r.l. Via del Fagher, 22 32030 Quero (BL).
The Notice of Withdrawal can alternatively be sent - within the same Withdrawal Period as just indicated - also by e-mail to the following address: email@example.com with the Subject "Withdrawal Notice" field. < / p>
The Notice of Withdrawal must specify the intention to withdraw from the Purchase and the Product or Products for which it intends to exercise the right of Withdrawal.
Following the correct exercise of the right of withdrawal, as outlined in art. 52 and ss. of the Consumer Code, Mistral Optical will forward the Practice Number to the Consumer by e-mail.
This Number must be indicated by the Consumer when returning the Product (s) (hereinafter "Return").
The Return of the Product / s must take place within 14 (fourteen) days from the date on which the Consumer communicated his decision to withdraw pursuant to art. 52 of the Consumer Code.
The deadline will be respected if the Consumer sends back or returns the Products / or object of Withdrawal before the expiry of the 14 days.
The Consumer can return the Product (s) by going to the headquarters in Via del Fagher, 22 in Quero (BL). Mistral Optical reminds its Customers that they can cancel their Order and can proceed with the cancellation within 24 (twenty four) hours of payment, without additional costs.
Mistral Optical reminds its Consumers that the transport costs relating to the return of the Product (s) subject to Withdrawal are the responsibility of the Consumer and that the Return is under the full responsibility of the Consumer himself.
Mistral Optical also reminds, before the Return, to check that the Product (s) subject to Withdrawal is / are intact and in a normal state of conservation, inserted in the original packaging, complete in all its parts (including packaging and documentation if present).
The Consumer, in accordance with current legislation, will only be responsible for the decrease in the value of the Product (s) resulting from a manipulation of the same (s) other than that necessary to establish the nature, characteristics and functioning of the / i Product (s).
Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including unaltered and attached labels and tags) to the product), not accompanied by the attached notes, by the original packaging and packaging and by the guarantee certificate, where present, the Consumer will answer for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product.
For this purpose, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to coat the original wrapping of the Products with other protective packaging that preserves the integrity and protect it during transport, even from writing or labels.
If the right of withdrawal has been correctly exercised in accordance with the articles. 52 et seq., Mistral Optical will refund the Consumer the full amount already paid, including any Delivery Charges, within 30 (thirty) days from the day on which it was informed of the Consumer's decision to withdraw from the Purchase Contract.
The amount will be refunded by the same means of payment used by the Consumer for the initial transaction, unless expressly requested otherwise by the Consumer and provided that the Consumer does not have to bear any costs as a consequence of the refund.
Mistral Optical, pursuant to and for the purposes of art. 56 of the Consumer Code as amended by Legislative Decree n. 21/2014, reserves the right to withhold the refund until it has received the / the Products / or until the Consumer has demonstrated that he / she has sent the / the Products / or, whichever occurs first.
The right of withdrawal is excluded for the supply of custom-made or customized goods. The right of withdrawal is excluded for the supply of custom-made or customized goods.
Withdrawal form type:
- pursuant to article 49, paragraph 1, lett. h) of the Consumer Code - (complete and send this form only if you wish to withdraw from the contract)
- Recipient: [the name, the geographical address and, if available, the telephone, fax and e-mail addresses must be entered by the professional]:
- Hereby I / we (*) notify the withdrawal from my / our (*) contract of sale of the following goods / services (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this form is notified on paper)