Returns and warranty
Right of withdrawal
The right of withdrawal is exercised by sending - before the expiry of the Withdrawal Period - a notice of withdrawal (hereinafter "Notice of Withdrawal") by mail addressed to: Mistral S.r.l. Via del Fagher, 22 32030 Quero (BL).
The Withdrawal Notice can alternatively be sent - within the same Withdrawal Period as indicated above - also by e-mail to the following address: firstname.lastname@example.org with the Subject field "Notice of Withdrawal".
The Withdrawal Notice must specify the will to withdraw from the Purchase and the Product or Products for which the right of Withdrawal is to be exercised.
Following the correct exercise of the right of withdrawal, as outlined in art. 52 and ss. of the Consumer Code, Mistral srl will forward the Case Number to the Consumer via 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 met if the Consumer sends back or returns the Products / or Products subject to Withdrawal before the expiry of the 14 days.
The Consumer may return the Product (s) by going to the headquarters in Via del Fagher, 22 in Quero (BL). Mistral srl reminds its Customers that they can cancel their Order and will be able to cancel within 24 (twenty-four) hours of payment, at no additional cost.
Mistral srl 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.
Mistral srl also reminds you, before returning, 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 manipulation of the same (s) other than that necessary to establish the nature, characteristics and functioning of the Product (s). /the.
Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached 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 be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product.
To this end, 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 cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writing or labels.
If the right of withdrawal has been correctly exercised in accordance with the provisions of articles 52 et seq., Mistral srl will refund the Consumer the full amount already paid, including any Delivery Costs, within 30 (thirty) days from the day on which it was informed of the Consumer's decision to withdraw from the Purchase Agreement.
The amount will be reimbursed through the same payment method used by the Consumer for the initial transaction, unless otherwise requested by the Consumer and on condition that the Consumer does not have to incur any costs as a consequence of the reimbursement.
Mistral srl, 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 Products or until the Consumer has demonstrated that he has sent the Products, depending on which situation occurs first.
The right of withdrawal is excluded for the supply of goods made to measure or eg The right of withdrawal is excluded for the supply of goods made to measure or personalized.
- pursuant to article 49, paragraph 1, lett. h) of the Consumer Code - (fill in and send this form only if you wish to withdraw from the contract)
- Recipient: [the name, the geographical address and, if available, the telephone number, fax and e-mail addresses must be entered by the professional]:
- Hereby I / we (*) notify the withdrawal from my / our (*) sales contract 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)
Guarantees and disputes
The Consumer, as defined in art. 3 of the Consumer Code (hereinafter, "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, among other things, that the Consumer, under penalty of forfeiture, denounces to Mistral srl any lack of conformity found by the Consumer in the purchased product within 2 (two) months of discovery (Article 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 srl is responsible for any lack of conformity which occurs within 2 (two) months from the delivery of the product.
Beyond this term, Mistral srl will not be responsible for any lack of conformity found by the consumer. In case of replacement or repair of the Product, the terms of the warranty relating to the Product given in replacement or resulting from the repair, are the same as the original product.
Therefore, the total two-year or six-month 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 show the purchase document.
In any case, for the regulation of the legal guarantee, reference is made 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 by Title III, Chapter I of the Consumer Code (Article 128 ss .). The products are guaranteed, for the duration indicated above and within the territory identified above, if they have defects / vices of conformity.
Any liability of the seller is excluded, and therefore the guarantee 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.
Individuals who are not consumers (a natural person who buys goods for purposes not related to their professional activity, or makes a purchase without indicating a VAT number in the order form) are advised not to execute purchase orders.
If one or more sales are made to a person who cannot be qualified as a consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:
- the buyer will not be granted the right of withdrawal referred to in Article 10;
- the buyer will not be able to benefit from the product warranty indicated in Article 8;
- the buyer will not be granted any other protections provided herein 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 srl will proceed to refund the amount paid taking into account the use of the asset or to replace it with a product with equal or superior characteristics.
The times for repairing or replacing the product depend exclusively on the manufacturer's policies and no damage can be requested from Mistral srl for any delays in carrying out repairs or replacements.
In cases where the application of the aforementioned 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, it is recommended to put it in a second box; It is advisable for the Customer to avoid in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product.
The Customer will be provided with a "Return Code" for the return of the product which must be indicated on the outside of the packaging, following the instructions provided directly in the relevant authorization e-mail.