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Terms and Condititions
The seller is the company Miriade spa with registered office in Piazza Dei Martire n. 30 – 80120 Napoli – Register of Companies VAT number 07631370637 and tax code 03371431218 REA – NA - 610434 (hereinafter referred to as “Miriade”).
The process of sale on the Website was implemented in full compliance with legislation regarding distance selling, electronic commerce, and particularly with respect to the Italian Consumer Code (Italian Legislative Decree number 206 September 6th, 2005).
The following provisions establish the general terms of sale (hereinafter, for brevity, “Terms and Conditions”) which regulate the contractual agreement between Miriade and the customer (hereinafter referred to as “Customer”) concerning distance selling in the Italian territory of products offered on the Website.
The Customer shall ask for information and send communication by contacting Jaked customer service at the email address email@example.com or to the postal address of Miriade - Interporto lotto C A19-A20-A21 80035 Nola (NA).
Acceptance of the offer
Acceptance and confirmation of the order is improved through entry of required data in the following stages:
Purchase order placement on the Website implies total and absolute prior knowledge of present Terms and Conditions and integral acceptance of these. The Customer should print and save electronically a copy of said *Terms and Conditions. *
Terms and Conditions which apply to the contractual agreement between Miriade and the Customer are those published on the Website www.jaked.com at the time of order placement.
Miriade reserves the right to modify Terms and Conditions at any time.
Every order made by the Customer through online payment will be taken into consideration by Miriade only after acceptance of payment and confirmation from the payment gateway.
Miriade will send to the Customer one or more order confirmation email(s) containing all the order details and information required by Law:
• Detailed indication of price, payment method utilized, payment instrument chosen, delivery charges, delivery terms;
• Information and instructions on right of withdrawal and related costs and legal guarantees;
• Additional precontractual information as required by Law;
• A summary of present Terms and Conditions.
Sale will be considered finalised only after the confirmation email is sent to the Customer, availability of the product is validated, and payment of the related price is made by the Customer.
The order is amendable until the step prior to payment, by clicking on the cart icon at the top.
Once it is confirmed, the order cannot be amended online anymore, neither in terms of articles nor in terms of delivery address, except the right of withdrawal for the Customer in any case.
After making payment, the Customer can cancel the order within 24 hours by contacting customer care.
Miriade recommends its Customers keep the order confirmation email in electronic form or in printed form.
Miriade sells Products present on its Website only retail and to final consumers.
Every order clearly not corresponding to retail and in general every fraudulent or presumably fraudulent order will be considered invalid by Miriade.
It should be noted that the offer of the products and/or Services on the Site is addressed exclusively to natural persons of age or minors between the ages of 16 and 18 with the authorization and/or under the supervision of a parent or guardian and/or legal entities, who do not intend to sell and/or market them as part of any business activity; therefore, Miriade reserves the right not to accept orders from subjects - including Dealers - who, due to the quantity of products ordered, the frequency and continuity of the orders and the frequency of the same or other elements that
will be evaluated by Miriade from time to time, it is assumed that they intend to sell and/or market them to third parties as part of their business activity.
The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
Miriade reserves the right to decline orders coming from:
(i) A Customer with whom Miriade has or had legal dispute;
(ii) A Customer who was involved in any kind of fraud and particularly fraud related to credit card payments;
(iii) A Customer who releases false, incomplete or inaccurate identification data;
(iv) Backlist Customers;
(v) If it has emerged that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes.
Order confirmation and storage
The order number will be communicated to the Customer after acceptance of the transaction from the bank or following click on “cash on delivery” payment method. Order confirmation will be sent by email and will include Terms and Conditions and terms and procedures concerning the right of withdrawal.
If one or more Product(s) are unavailable Miriade will send an email to the Customer to inform him/her and refund the price of the Product and the shipping charges within 10 days.
Orders are stored in our server for 10 years starting from the last order. At any time, the Customer can access the order details by sending an email to firstname.lastname@example.org.
In order to access the order form, the Customer will have to log in to his/her account area. The instructions overview on access to the order form will be present in every order confirmation email.
In order to receive the invoice, the Customer will have to request it at the time of the order by sending an email to email@example.com.
Jaked.com accept the following payment methods:
Cash on delivery (COD) (only in Italy)
*Other payment methods are not accepted by Jaked.com
Payment must be made by the Customer at the time of the online order or cash on delivery directly to the courier at the time of delivery of the parcel. At no point amounts paid can be considered installments or deposits. All orders are paid in euros.
The Customer may pay the order with credit card, simple and secure method for online purchases. Miriade accepts the following credit cards: Visa, MasterCard, American Express, Maestro and PostePay.
Miriade guarantees maximum security thanks to the most utilized encryption solution in the market. In fact, by clicking on the owned credit card, the Customer will be redirected to the payment website supervised by the company Adyen that implements the security standard SSL. Confidential data are transmitted with encryption to Adyen. For further information you can visit www.adyen.com.
In the context of fraud prevention, Miriade employs 3D Secure payment for orders paid with credit cards Visa and MasterCard. 3D Secure (also called Verified by Visa or Mastercard SecureCode) is a payment system with authentication that allows to reinforce the security during online purchases. At the time of payment, the bank of the Customer verifies the identity of the card owner before confirming the transaction.
After entering the card details, the Customer will be redirected on the website of his/her bank where he/she will be required to identify his/her-self.
Each bank has its own procedure, that can for example require birth date, a code received by SMS or to answer a personal question.
For security purposes, Miriade reserves the right to request a photocopy of the ID and/or credit card of the Customer for purchases made with credit card (recto – only the first 4 and the last 2 digits – and verso).
CREDIT CARD SECURITY
All transactions are safely processed in order to guarantee maximum security of personal data to Jaked.com Customers. Jaked.com Customer’s financial information (credit card number, credit card expiry date and other personal data) will be exclusively dealt with by Adyen and will never be retained and/or known by Jaked.com.
When choosing bank transfer as payment method, following the order the Customer will instantaneously receive a confirmation email with the bank details of Jaked.com. The goods will be stored until the bank transfer will be received on the bank account. The Customer shall send a copy of the payment made by email within 48 hours after receiving the order confirmation to the email address firstname.lastname@example.org. If the bank transfer is not made within the said period, it will be automatically cancelled. The order will be given to the forwarder for shipment only after
reception of the transfer on the bank account.
If the Customer has a PayPal account, he/she can pay the order directly online. After choosing the payment method the Customer will be redirected to the PayPal website. The Customer will be required to enter his/her details and proceed with payment. With PayPal, the Customer’s bank details are never communicated to Miriade. PayPal protects the Customer’s card number with an encrypted system.
Miriade reserves the right to ship goods only to the address of destination shown on the PayPal verified account.
CASH ON DELIVERY
This type of payment is only permitted for shipments in Italy. After the goods are given to the forwarder (SDA), the courier arranges delivery. Following the required waiting times for the order dispatch, the courier will proceed with shipment. At the time of delivery, the Customer can pay exclusively in cash. The Customer is expected to have on hand the exact amount for payment as the forwarder is unable to give change. Additional cost for this payment method is 6,00 euros.
Control against fraud of credit cards
In the context of fraud prevention, Miriade employs 3D Secure payment for orders paid with credit cards Visa and MasterCard.
In order to secure payments made by the Customers on the Website, Miriade has the right to verify personal details provided by the Customer and take the necessary measures (request for supporting documents or order cancellation). Miriade verifies that the person owning the bank account where charges are refunded is the same person who made the order, to avoid fraudulent uses of bank cards.
The Customer guarantees to Miriade that he/she has all the necessary authorizations to use the payment method chosen at the time of the order registration.
Miriade reserves the right to suspend or cancel every order and/or delivery, regardless of the type and status, in case of non-payment of the amount due payable by the Customer, payment incidents, fraud or fraud attempt related to utilization of the Website.
After ten days since the invoice date or notification of rejection of bank payment or any other type of payment, the legal interest rate with three points increase will be applicable to the payable amount.
Shipment of every other new order might be suspended in case of late payment of the previous order.
TERMS AND TIME OF DELIVERY
Jaked.com ships in Italy and Worldwide with services Crono Express and Crono International by Poste Italiane forwarder SDA Express Courier. Products branded Valentino can only be shipped to the following countries: geographical Europe, ex USSR countries. Such products absolutely cannot be shipped to Canada and United States.
Delivery is made, upon Customer’s request, to:
Parcel pickup options:
Delivery is made indicatively within 1-2 working days from dispatch to most of Italian locations. Delivery times vary depending on the location of destination of the shipment and these can be verified in the specific section of the website www.poste.it and/or at the helpline 800.160.000. Fermoposta shipments are available also on Saturdays, during the opening hours of the post offices. Please check qualified post offices with Fermoposta service and the locations and opening hours of Lockers and Pickup Points of Rete PuntoPoste network.
In case of absent recipient, the service guarantees two automatic delivery attempts. In case of non-delivery at the first attempt, the forwarder provides a notice to inform the recipient that a second delivery will be attempted the following working day. In case of absent recipient also at the second attempt, the forwarder will leave in the mailbox a notice with the references of the post office where the recipient will have the possibility to pick up the parcel in the following 10 working days, Saturday included.
Crono International offers the possibility to get to over 200 countries with the support of 700.000 post offices abroad for pickup of shipments in case of absent recipient.
Crono International delivery can be made upon request to the domicile of the recipient or to the foreign post office through Fermoposta service or to mailbox in the countries which are provided with the service.
Europe: 3 working days, after the day of dispatch (for some postcodes of Norway and Portugal 3-5 working days after the day of dispatch).
Rest of the world: 3-5 working days after the day of dispatch (except customs formalities).
In case of absent recipient, the service guarantees one/two delivery attempts, depending on the Country of destination. Delivery will be made anyhow on the terms of the postal operator of the destination, which also regulates hypotheses of non-delivery and release. In case of absent recipient, the forwarder leaves in the mailbox of the recipient a notice of non-delivery including date and time of the delivery attempt, office where the parcel is stored in and pickup deadline. Non-delivered parcels are stored for free by the foreign post offices for on average 15 days
(Saturdays and public holidays included). The number of delivery attempts for each country is provided for in the Country Sheets published on the website www.poste.it or can be requested at the customer care helpline 800.160.000.
You can check the delivery status anytime by using the tracking service. After the order dispatch you will receive a confirmation message and/or email with your tracking code for checking and/or reschedule the shipment. Alternatively, you can verify the delivery status in real time in the section of the side “My Account”. Smart Alert informs you of the shipment status by sending a message, via SMS and/or email.
PASSING OF THE RISK OF LOSS OF THE GOODS WITH DELIVERY
In compliance with article 63 of the Consumer Code, clause I, as amended by Italian Legislative Decree 21/2014, in contracts which make the seller liable to provide for shipment of the goods, risk of loss or damage to the goods, for reasons non attributable to the seller, is transferred to the consumer only when this latter, or a third designated person different from the carrier, come physically into possession of the goods.
Returns and refunds
Jaked.com wishes to guarantee complete satisfaction of its Clients, by offering them the possibility to return one or more items and receive a refund equal to the price of the returned items. The return must necessarily take place at the expense and under the responsibility of the Customer within 30 days following delivery and only on the condition that returned items result intact and unused.
CONDITIONS OF THE RETURNS
In order to return one or more items to Jaked.com, the Customer must respect some mandatory conditions:
In view of the failure to comply with the conditions listed above, Jaked.com reserves the right not to accept the goods delivered and to return them to the Customer at the expense of the latter.
The Customer is supposed to follow the instructions listed on the form attached to the parcel or the instructions for returns and refunds placed inside the parcel. The parcel shall be sent to the following address: Miriade S.p.A. Returns Department – Interporto lotto C A19-A20-A21 80035 Nola (NA) – phone number +39 02 36264 504.
Return handling options:
It is possible to ship parcels at qualified post offices or at one of the qualified Puntoposte (list published on the website www.poste.it) or through the house pickup service (Pick-up), which can be scheduled at the helpline 803.160.
The Customer can verify the status of his/her shipments the free electronic identification service Tracking&Tracing by Poste (T&T), available on the website www.poste.it from the working day following the day of acceptance or through the Contact Centre at the number 800.160.000 or through Technological Solutions used by the Customer.
The shipment is at the expense and risk of the Customer: Jaked.com is not responsible for any eventual loss or damage caused by inadequate packaging or delivery delay. Items must be returned in the same packaging as they were received in or in the same type of packaging.
All returned items will be examined by the Jaked.com staff that will verify compliance to the conditions and considerations listed in the return procedure. Jaked.com reserves the right to assess additional charges if they prove necessary to ensure the resale of the returned items. These amounts will be determined after the evaluation of the condition of the returned items and communicated to the Customer.
The Customer is required to utilize exclusively the Crono Reverse shipping label for shipments of returns. It is understood that the following returns will not be accepted, with consequent charge of related fees for the Customers, if sent:
*Starting from December 2021
If the return procedure was performed properly, in compliance with all mentioned conditions, the Customer will receive an email of acceptance of occurred return. The reimbursement will usually happen by redirecting the amount due to the processed credit card (if the order was paid by credit card), PayPal account (if the order was paid with PayPal) or wire transfer in the case of bank transfer. A few days could pass between the date of reception of the return and the date of the refund. Refunds are made in the same currency of purchase. Eventual losses caused by
financial fluctuations will not be reimbursed.
STATUTORY RIGHT OF REVOCATION
In accordance with article 52 and following of the Italian Consumer Code (Italian Legislative Decree number 206 September 6th, 2005), the Customer shall have a period of 14 days from reception of Products purchased online to withdraw from the contract without having to provide any reasons.
Download and fill out the following withdrawal form if you wish to withdraw from the contract.
Legal guarantee of conformity
In accordance with article 128 and following of the Italian Consumer Code, Products presenting conformity defects at the time of delivery, which occur within 2 years since delivery and are reported to Miriade within 2 months from detection, can be returned and reparation or replacement can be requested (unless reparation or replacement is not possible or too costly), alternatively the paid price is reduced or the purchase contract is terminated without any additional costs.
The Customer can report conformity defects within the abovementioned closing date by email or to the address Miriade S.p.A. – Interporto lotto C A19-A20-A21 80035 Nola (NA) – phone number +39 02 36264 504.
Defected Products will have to be shipped to the following address: Miriade S.p.A. Returns Department – Interporto lotto C A19-A20-A21 80035 Nola (NA) – phone number +39 02 36264 504.
In case of contract termination, the Customer will be refunded for the total amount paid for purchase, delivery charges included.
Reservation of ownership
Miriade conserves total property rights concerning the Products until delivery and payment of full price, costs and taxes included.
All elements of the Website subject or not to registration of intellectual property rights (photos, Product details, descriptions, layouts, etc.) are exclusive property of MIRIADE and cannot be utilized. All designs, models, trademarks, texts (visual or audio), comments, works, illustrations, images displayed on the Website www.jaked.com are protected by copyright, trademark right and image right and any other applicable intellectual property right.
These elements are property of MIRIADE or its partners. Any type of reproduction or representation not authorized by MIRIADE will imply civil and criminal liability of the author. A user owner of a website and/or blog who wants to publish a link to the homepage of Website www.jaked.com must mandatorily seek prior authorization from MIRIADE.
Links to the Website utilizing “framing” or “in-line linking” techniques are formally forbidden. In any case, every link, even if tolerated, will have to be removed if simply requested by MIRIADE.
Settlement of disputes
If there is a problem with a product which the Customer purchased on the Website Jaked.com, the Customer may contact directly our customer care to the following email address email@example.com.
In case of dispute originated from contractual agreement with MIRIADE, parties commit to finding an amicable settlement before taking any legal action.
All disputes concerning Customers’ purchases on the Website will be jurisdiction of the Court of their domicile. The governing Law is the Italian Law.
In accordance with article 49 paragraph 1 letter v) of Italian Legislative Decree number 206 September 6th, 2005 (Consumer Code), we inform you of the possibility to benefit from Joint Settlement Procedure. 45 days after the complaint presented to the company without receiving reply you may activate the abovementioned Procedure.
In case you decide to benefit from Joint Settlement Procedure you will have to forward your request to the email address: firstname.lastname@example.org or at the fax number 02/87181126.
For further information: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
In compliance with European Regulation number 524/201, we inform that the European Commission provides Customers and professionals in UE with the possibility to seek an extra-judicial solution for complaints related to online purchases through the platform for the extra-judicial settlement of online disputes (“ODR platform”): http://ec.europa.eu/odr.
Privacy – Treatment related to sales activities