Terms of service
These GTCV regulate the purchase, via telematic means, of products published on the mumy.store website in all its extensions and sub-domains (the "Products") (the "Site"),
this Website is managed by Bianconiglio Kids SRL a sole shareholder with its registered office in Via Prendaglio 13, 37069 Villafranca (VR) - Italy with PIVA and CF IT-04784660237 REA VR-446919 with share capital of €120,000 fully paid up.
Any communication relating to this contract by Customers may be sent by e-mail to info@mumy.store.
These General Conditions constitute an integral and essential part of the contract for the purchase of any Product and the placing of the Order implies full acceptance thereof by the Customer.
Definitions and Scope
1.1 Definitions
Site: The mumy.store Site in all its extensions and subdomains.
Customer: any natural or legal person placing an Order on the Site
Consumer: any natural person placing an Order for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out
Professional: any natural person or legal entity placing an Order in the exercise of its entrepreneurial, commercial, handicraft or professional activity
Order: any proposal to purchase one or more products made by a customer through the website
Contract: any agreement between MUMY™ and a customer regarding the latter's purchase of one or more products, governed by the conditions set forth below (General Terms and Conditions of Sale).
1.2 Scope of application
These General Terms and Conditions apply to all sales made on the Site.
1.3 Amendments
The General Terms and Conditions may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published in the "Terms and Conditions" section of the Site. To this end, users can access the Site to check the publication of the most up-to-date General Terms and Conditions.
1.4 Applicability
The General Conditions applicable are those in force on the date the purchase order is sent.
Rights and Obligations of the Seller
2.1 Execution of the order
MUMY™ undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, using the appointed carrier. MUMY™ cannot be held liable for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Delivery is made by express courier with traceable shipment; post office boxes are not considered valid delivery addresses.
2.2 Delivery
The delivery of the PRODUCTS takes place within the term indicated in the order confirmation and in any case within 30 days after the conclusion of the contract. Delivery costs are normally borne by the CUSTOMER, unless otherwise specified at the time of purchase.
2.3 Unavailability
The products sold on the website are available in limited quantities and any unavailability of one or more PRODUCTS purchased will be communicated by MUMY™ to the CUSTOMER. In such case, the CONTRACT will be terminated and MUMY™ will refund the price and shipping costs (in case of multiple orders, only the shipping costs for the unavailable PRODUCT).
The unavailability of one or more ordered PRODUCTS in case of multiple orders will not entitle the CUSTOMER to cancel the order of the other Products.
2.4 Indirect damages
MUMY™ shall in no event be liable for loss of revenue, profit, data or any other indirect damage of any kind arising out of or in any way connected with the contracts subject to the General Terms and Conditions.
2.5 Value of liability
MUMY™'s liability shall in no event exceed the total value of the purchase order.
Rights and obligations of the customer
3.1 Correctness of information
The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to MUMY™ and requested by the latter through the WEBSITE, and undertakes to promptly notify MUMY™ of any changes in the data entered.
3.2 Acceptance of conditions
By confirming the purchase order, the CUSTOMER declares:
that he/she has read, understood and accepted the General Conditions of Sale;
that he/she authorises MUMY™ to process the personal data communicated at the time of purchase, as well as to transmit the personal data necessary to execute payment in the manner indicated.
3.3 Data verification
MUMY™ reserves the right to ask the customer to send an identity document proving the data entered at the time of the order, as well as to refuse an order at its own discretion, in which case it will refund all amounts paid by the customer.
3.4 Receipt of Products
Delivery of the PRODUCTS: Upon delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transportation, the CUSTOMER shall verify, in the presence of the carrier
that the quantity and type of the PRODUCTS ordered correspond to that indicated in the transport document;
that the packaging used for transportation is undamaged, not damaged, not wet or otherwise altered, even if only in its sealing materials;
that the quantity and type of PRODUCTS delivered corresponds to that ordered. Any anomalies or discrepancies must be reported immediately to the carrier upon receipt of the PRODUCTS and indicated on the delivery note.
3.5 Service
The CUSTOMER should contact MUMY™ at info@mumy.store.it for any assistance needs or complaints regarding the PRODUCTS.
3.6 Gift Vouchers
Gift vouchers can only be purchased by paying with the payment systems provided on the website and can only be used to purchase products, therefore they cannot be used to purchase other gift vouchers.
If the value of the products purchased with the gift vouchers is greater than the gift voucher, the difference must be paid at the time of the order.
Gift vouchers are non-refundable and expire 24 months after purchase.
Payment and Delivery
4.1 Payment
Payment of the price of the Products ordered must be made at the time the Order is sent. It is understood that, if the Order is not accepted, MUMY™ will promptly reimburse Customers the sums paid.
As part of the Order submission procedure, MUMY™ may propose, at its total discretion, different methods of payment, including, by way of example, payment by credit card (Visa, MasterCard, American Express), payment through "Paypal". In this case, the Customer may choose the payment method among those proposed.
4.2. Invoicing
Invoices may be requested within 24 hours of placing the order by sending an e-mail to customer service info@mumy.store.it indicating all invoicing data and VAT number. Requests after this deadline will not be accepted.
4.3 Delivery time
Delivery times are indicatively those indicated in the purchase order. If no specific delivery time is indicated, delivery shall take place within thirty days from the day after the order is placed. In the event of delivery times longer than those indicated on the site, the Customer shall not be entitled to any indemnity or compensation whatsoever, without prejudice to the right to request cancellation of their order and to obtain reimbursement of any sums paid.
4.4 Delays in delivery
MUMY™ will not be liable for non-delivery or delayed delivery due to force majeure, such as strikes, public authority measures, rationing or shortages of energy or raw materials, transport difficulties, fires, floods, etc. MUMY™ shall promptly notify the customer of the occurrence of a force majeure event.
If the force majeure event persists for a period of more than 30 (thirty) days, each party has the right to withdraw from the contract. In the event of withdrawal pursuant to this paragraph, the Customer shall not be entitled to any indemnity or compensation for any reason whatsoever, without prejudice to the right to reimbursement of any amount already paid by way of price for the Product object of the Order.
4.5 Delivery destination
Deliveries are made to the postal address indicated by the user in the Order Form. Any change of address communicated at the time the Order is processed may entail additional costs that will be charged to the Customer.
4.6 Delivery of products
Upon delivery of the products to the courier, the user will be sent an e-mail confirming that the products have been shipped. Deliveries will be made from Monday to Friday, during normal business hours, excluding national holidays.
4.7 Completion of delivery
Delivery shall be deemed completed when the product is made available to the customer at the address indicated on the order form or, in the event of the customer's absence at the delivery attempts, at the nearest pick-up point.
4.8 Absence of the customer on receipt
In the event of non-delivery due to the absence of the recipient at the address indicated, the courier shall leave a card to certify the delivery attempt. The postcard shall indicate the data to be used by the customer to contact the courier and make an appointment for a second delivery attempt. After two unsuccessful delivery attempts, the parcel will go into storage.
In the event of non-receipt or withdrawal from the warehouse, thirty days after the product enters the warehouse, the product will be sent back to MUMY™. The contract will therefore be considered terminated at the same time as the return shipment and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code.
MUMY™ will proceed to refund the amount paid by the user net of the cost of shipping the unsuccessful product, as well as the cost of storing and returning it to MUMY™ and the cost of receiving it. The termination of the contract and the amount of the refund will be communicated to you by e-mail. The refund amount will be credited to the means of payment used by the user for the purchase. If, before the expiration of thirty days, you request to receive the purchased product again, MUMY™ will deliver the product again and charge you for the cost of returning the product to MUMY™ and the cost of storage.
4.9 Delivery damage
If the packaging shows obvious signs of tampering or alteration, you must promptly inform MUMY™ Customer Service by e-mail at the address given in the introduction.
4.10 Delivery delays
Delivery of the products to the courier typically takes place within a maximum of 14 days from confirmation of the order, unless otherwise indicated on the site at the time of purchase. It is understood that the written duration is purely indicative, and MUMY™ cannot be held liable for damages of any nature resulting from delays in delivery to the customer, who may only request withdrawal from the contract in accordance with the law.
4.11 Deliveries outside the EU
For deliveries to countries outside the European Union, the courier may require payment of duties and customs charges on behalf of the customs of the recipient's country. The amount varies depending on the value of the products purchased and the laws in force in the recipient's country.
Right of Withdrawal
5.1 Withdrawal
The CUSTOMER has the right to withdraw from the CONTRACT, without any penalty and without specifying the reason, upon receipt of the order confirmation sent by MUMY™ and no later than fourteen days after receipt of the PRODUCT at the address indicated for delivery. The complete proof of receipt is the date on the delivery note.
5.2 Exercise of pre-shipment withdrawal
The CUSTOMER may exercise the right of withdrawal by writing an e-mail to info@mumy.store and indicating the order number and/or purchase receipt.
5.3 Exercise of withdrawal after receipt of the product
If the PRODUCT has already been delivered, the CUSTOMER must return it to MUMY™. For this purpose:
the substantial integrity of the PRODUCT to be returned is an essential condition: damaged returns will not be accepted, only those kept in excellent condition;
the cost of returning the goods to MUMY™ is the responsibility of the CUSTOMER, who must send the PRODUCT duly wrapped and packaged; the CUSTOMER must insert a copy of the delivery document inside the packaging box. The costs will be deducted at the time of reimbursement.
5.4 Refund
If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these General Terms and Conditions, MUMY™ will refund the amounts paid by the CUSTOMER to the payment card or Pay Pal account indicated by the CUSTOMER for the purchase. The refund will be made free of charge, within 14 days from the date on which MUMY™ became aware of the CUSTOMER's exercise of the right of withdrawal, or within 14 days from the date of receipt of the returned products in the case of withdrawal with return shipment. In the event that the CUSTOMER has chosen a more expensive shipping method than the standard shipping method offered by MUMY™ (as indicated in the individual campaign), MUMY™ will only be required to refund the cost of the standard shipping service, and not the additional cost.
5.5 Refund of vouchers
In the event of withdrawal by the customer and a return request, the refund will be made net of any vouchers used at the time of the order, whereby the customer will lose the right to use the voucher.
5.6 Exclusions
The right of withdrawal governed by these GTC does NOT apply to
to goods made to measure or clearly personalised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
to PRODUCTS falling within the underwear category whose packaging is not perfectly sealed and undamaged;
to PRODUCTS falling into the category of masquerade costumes for Carnival, Halloween or other festivities.
However, the right of withdrawal is excluded if the PRODUCT has been handled other than in the manner strictly necessary to establish its nature, characteristics and functioning.
Use of the site
6.1 Product descriptions and images
The descriptions and images of the PRODUCTS on the SITE correspond to the specifications of the products. The photographs and video presentations of the PRODUCTS that accompany the descriptive information are published on the SITE for descriptive purposes, it being understood that the quality of the images (for example in terms of the exact display of colours) may depend on the software and computer equipment used by the CLIENT to connect to the SITE.
6.2 Indirect computer damage
MUMY™ assumes no responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies used as they are beyond its control, such as, for example:
errors, delays or impossibility for the CUSTOMER to access the WEBSITE during the execution of the sales procedure;
errors, delays or impossibility for the CUSTOMER to receive communications from MUMY™ in relation to the sale of PRODUCTS.
Warranty and non-conformity
7.1 Conformity
The products offered on the Site comply with the national and Community regulations in force in Italy.
7.2 Descriptive correspondence
MUMY™ is not liable for any lack of correspondence between the product ordered and the product description on the Site, in the event that the lack of correspondence derives from errors in the description attributable to possible suppliers and of which MUMY™ was not and could not have been aware with the use of normal diligence.
7.3 Legal warranty of conformity
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Warranty is reserved for private consumers.
7.4 Conformity Defects
In the event of a lack of conformity of the products purchased with respect to the description published on the Site, the user is entitled to the repair or replacement of the product, at no additional cost, where this is possible in relation to the number of items still available for sale and unless the replacement or repair is excessively burdensome for the seller in view of the value that the item would have, if the lack of conformity did not exist, and the extent of such lack. Alternatively, the user is entitled to rescission of the contract or reduction of the price.
The choice of how to remedy the lack of conformity is subject to the decision of MUMY™, which may opt for rescission of the contract with reimbursement instead of repair of the product.
7.5 Warranty
Conventional warranties for products sold are the legal warranties provided directly by the manufacturer of the product or individual component.
7.6 Damage due to improper use of the product
Under no circumstances may MUMY™ be held liable for damage caused by improper use of the product in accordance with its intended purpose and instructions for use. In such cases, the product warranty lapses and the end customer is responsible for repairing the product.
7.7 Force majeure
In no event shall MUMY™ be liable for non-performance of any of its obligations under these General Terms and Conditions if the non-performance is caused by unforeseeable circumstances and/or force majeure, including, but not limited to, natural disasters, acts of terrorism, network malfunctions and/or power outages.
Suspension of Service
8.1 Temporary suspensions
MUMY™ reserves the right to temporarily suspend, without prior notice, the provision of the Services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the Services.
8.2 Suspensions for security reasons
MUMY™ may, at any time, interrupt the provision of the Service if there are justified reasons of security or breach of confidentiality.
Site content and intellectual property rights
9.1 Intellectual property
The contents of MUMY™, such as, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages graphic colours, diagrams, tools, fonts and website design, diagrams, layout, methods, processes, functions and software, are protected by copyright and all other intellectual property rights of MUMY™ and other right holders. You may not reproduce, modify, duplicate, copy, distribute, sell or otherwise exploit the images and content of the Site without the prior written permission of MUMY™. Any use of the Site content for commercial and/or advertising purposes is also prohibited.
9.2 Distinctive signs
All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by MUMY™ under licence, for the sole purpose of distinguishing, describing and advertising the products for sale on the Site.
Any unauthorised and unlawful use of these trademarks is prohibited. It is in no way permitted to use any of the distinctive signs on the Site in order to take unfair advantage of the distinctive character or renown of the same or in such a way as to prejudice the same and their owners.
9.3 Copying and modification of the contents
Under no circumstances may you alter, change, modify or adapt the Site or the material made available by MUMY™.
Applicable Law
The applicable law to the sale of the PRODUCTS is Italian law. It is hereby clarified that the provisions contained herein referring to consumers shall be governed by the rules provided for the conclusion of distance contracts under Title III, Section II, of Legislative Decree September 6, 2005 n.206 (Consumer Code). The invalidity of individual clauses of the CONTRACT or of the GTC shall not entail the invalidity of the whole CONTRACT or of the GTC.
In case of disputes, the competent court shall be Verona (VR).
Document Version
Last revised on 02 February 2022