Legal notice

GENERAL TERMS AND CONDITIONS OF SALE

Before placing orders on the website www.archiviomiroglio.com, it is necessary to carefully read and accept the General Terms and Conditions of Sale set forth below.

1. Definitions

For the purposes of these General Terms and Conditions of Sale, the following definitions apply:

Seller: Archivio Miroglio s.r.l. , VAT No. 04111020048, with registered office in Piazza Carlo e Franco Miroglio n. 7, Alba 12051 (CN), email: info@archiviomiroglio.com;

Privacy Code: the Code regarding the protection of Personal Data, governed by Legislative Decree 196/2003 and subsequent amendments and additions (so-called Privacy Code) and the EU Regulation on data protection n. 2016/679 (so-called GDPR);

E-Commerce: method of trade, governed in Italy by the Consumer Code (Legislative Decree 206/2005) and by the E-Commerce Decree (Legislative Decree 70/2003 and subsequent amendments), in which the Seller and the Purchasing Consumer conclude the distance contract through the Site (and therefore without their physical and simultaneous presence) and in which the delivery of products is not simultaneous and takes place by shipment through third-party operators (couriers/shippers); alternatively, the possibility is provided for the collection of Products purchased through electronic commerce to take place at the Seller's premises and/or its point of sale in Alba 12051 (CN) Piazza Carlo e Franco Miroglio 7.

Cart: the specific section of the Site intended for the finalization of the Purchase Order.

Customer: means any person, whether they have completed the registration procedure and created an Archivio Miroglio account, who purchases and/or intends to purchase one or more products and/or services through the Site, whether they are a consumer ("Consumer Customer", i.e. a natural person of legal age and with full capacity to contract) or a professional (so-called "Professional Customer", i.e. a legal entity purchasing products for private use and prohibited from reselling and/or marketing them in the exercise of any business and professional activity), as defined by the Consumer Code.

Credentials: the user ID and password chosen by the Customer at the time of registration on the Site, to be used for the purposes indicated from time to time on the Site itself;

Registration Form: the form present within the Site through which the Customer proceeds to create their own account.

Purchase Order: the purchase order placed by the Customer through the Site's procedures;

Products: the products sold through the Site under the E-Commerce regime;

Services: the E-Commerce services made available to Customers by the Seller through the Website, such as the online purchase procedure in e-commerce mode, the online catalog, sales promotion services, the shopping cart and all other tools that facilitate the Customer's navigation on the Site, in addition to services, whether ancillary or not to the sale of a Product, as well as any other and different activity carried out by the Seller through the Site;

1. SUBJECT MATTER

1.1 These General Terms and Conditions of Sale (hereinafter "General Conditions" or "GTC") govern the sale to final consumers (hereinafter "Customers" or "Customer") of clothing items and related accessories from the Archivio Miroglio collection (hereinafter "Products") and items of other brands, marketed by Archivio Miroglio S.r.l. (hereinafter "Archivio Miroglio") through the dedicated area of the website http://www.archiviomiroglio.com (hereinafter the "Site") following the procedures reported therein.

1.2 The purchase of products is governed exclusively by the General Terms and Conditions of Sale published on the Site and in force at the time of purchase. ARCHIVIO MIROGLIO reserves the right to make changes and/or additions to these General Terms and Conditions of Sale at any time. Any changes and/or additions will be effective exclusively in relation to purchases made after the date of publication of the new version of the General Terms and Conditions of Sale. The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness, and unenforceability against ARCHIVIO MIROGLIO of the same in relation to purchases made after their removal from the Website, even if said General Terms and Conditions of Sale remain consultable and/or accessible to the public through other websites, different from the one indicated above.

The use of the distance selling service governed by these GTC is reserved exclusively for Customers, as identified in the Definitions.

1.3. The Products may be marketed and shipped to the countries indicated in the area of the Site where the Customer can select the shipping country.

2. METHODS OF CONCLUDING THE CONTRACT

2.1. The information and details contained on the Site should not be considered offers to the public: they simply constitute an invitation addressed to Customers to conclude business through the submission of purchase proposals.

2.2. The proposal to purchase the Products is formulated by the Customer at the time of sending the order form in electronic format, which the Customer must fill out and confirm in the order summary screen. The Customer is also entitled to indicate a shipping location different from the one reported in the completion of their personal data.

The order will be processed only if the chosen product/item is available in the warehouse; the sending of order receipt confirmation emails is not provided.

By sending the order form, the Customer accepts that the purchase contract is governed by these GTC.

2.3. All orders are subject to acceptance by Archivio Miroglio, which reserves the right, at its sole discretion, not to proceed with any order proposal in the event that:

  • the data provided by the Customer at the time of filling out the order form is incomplete or incorrect;

  • the Customer does not qualify as a final consumer or does not meet the requirements to proceed with the payment conditions;

  • the ordered Products are not available. In this regard, Archivio Miroglio will not be held responsible for variations in the availability of some Products. If only part of the ordered Products is available and there are no other causes that could justify the non-acceptance of the order proposal, Archivio Miroglio will follow up on the order proposal limited to the available Products.

In the cases indicated above, Archivio Miroglio will inform the Customer via email that the order proposal has not been accepted (in whole or in part) and, therefore, the contract is not concluded. In this case, Archivio Miroglio will refund the Customer any sums already paid by the latter. In the event that the amount has been pre-authorized, Archivio Miroglio will release such amount.

The purchase contract between the Customer and Archivio Miroglio will therefore be concluded only at the moment the Customer's order is accepted by Archivio Miroglio.

2.4. The shipment of the purchased Products will be carried out only after the payment of the amount due by the Customer has been successful. In the event that, for any reason, the charging of the amounts due by the Customer proves impossible, the sales process will be automatically canceled and the sale terminated, as per the communication that will be sent to the Customer.

3. PRICES AND PAYMENT CONDITIONS

3.1. The selling prices of the Products, shipping costs, and payment methods are those reported on the Site and are expressed in euros.

The selling prices of the Products include VAT but do not include shipping costs, which will be added to the total amount due.

Archivio Miroglio reserves the right to modify the prices reported on the Site at any time. In no case can Archivio Miroglio be held responsible for any price variations.

3.2. Online sales of goods (finalized through the site www.archiviomiroglio.com) to Customers are subject to the issuance of an invoice, which will be sent via email to the Customer.

3.3. The Customer agrees to pay the price of the Products purchased in the following ways:

  • Credit card

  • Paypal

    4. PRODUCT SHIPPING METHODS

    4.1. The Products will be delivered based on the times and methods reported in the delivery service chosen by the Customer from the various options reported on the Site. Transport costs for home delivery are borne by the Customer and may vary based on the chosen delivery service.

    Once the shipment has occurred, the chosen courier will send the Customer a shipment notification email with instructions on how to track the shipment.

    The Seller has activated delivery service agreements with the following couriers:

    GLS – for Italy and Europe

    DHL – for the rest of the world

    4.2. The risks relating to the Products pass to the Customer at the moment of delivery of the Products to the Customer or to a third party designated by them. The risk is transferred to the Customer at the moment of delivery to the carrier if the latter has been chosen by the Customer and such choice was not proposed by Archivio Miroglio.

    4.3. The delivery times indicated on the product description pages and other pages of the Site, consultable during the purchase process, are indicative estimates. In any case, for online purchases with home delivery, Archivio Miroglio undertakes to deliver the products within 30 days of placing the order and concluding the contract as provided for by article 61, paragraph 1 of the Consumer Code.

    5. CONFORMITY OF PRODUCTS AND WARRANTIES

    5.1 At the moment of delivery, the Products must be checked by the Customer to ensure that they correspond to the items ordered and do not present manufacturing defects or lack of conformity.

    In the event of manufacturing defects or lack of conformity, the Customer will be entitled to the restoration, without charge, of the Product's conformity through repair or replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. Should one of the cases provided for by law occur, the Customer may request an appropriate price reduction or the termination of the contract and the consequent refund of the price paid.

    In accordance with current legislation, the warranty regime on products sold by Archivio Miroglio changes depending on whether the buyer is a Consumer Customer or a Professional Customer: in the first case, the legal guarantee of conformity (hereinafter, "Legal Guarantee") will apply pursuant to the Consumer Code; in the second, the warranty for defects of the sold item governed by the Civil Code.

    a) Professional Customer

    The product purchased by the Professional Customer (i.e. a legal or natural person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary) is covered by the warranty for defects of the sold item pursuant to art. 1490 et seq. of the Civil Code.

    The action of the Professional Customer aimed at enforcing said warranty expires after 1 year from the delivery of the purchased product and the relative defects must be reported within the terms referred to in art. 1495 of the Civil Code (8 days from discovery).

    b) Consumer Customer

    The product purchased by the Consumer Customer is covered by the Legal Guarantee for consumer goods as governed by art. 128 et seq. of the Consumer Code and, for what is not expressly provided therein, by art. 1490 et seq. of the Civil Code on the sales contract.

    The Legal Guarantee applies and operates at the expense of the Seller in the event that the product presents a lack of conformity, provided that said defects manifest within 24 months from the date of delivery of the goods to the Customer. The action of the Consumer Customer aimed at enforcing said guarantee expires after 26 months from the delivery of the purchased product.

    c) Cases of exclusion of the Legal Guarantee

    In accordance with the applicable Consumer Code and Civil Code regulations, the Legal Guarantee is excluded if one of the following hypotheses occurs: (i) the product has been delivered for technical examination to subjects not authorized by the Seller; (ii) the alleged lack of conformity of the product manifested after the term of 24 months from the delivery of the product itself; (iii) the alleged defect is due (in whole or in part) to poor and/or improper use/storage by the Customer or subjects not authorized by the Seller – or is due to non-compliance with the instructions provided by Archivio Miroglio together with the delivered products; (iv) at the time of the conclusion of the contract, the Customer is aware of the defect and has expressly accepted it;

    5.2. Methods of activating the Legal Guarantee

    In the event that the Customer has purchased the product with home delivery, the Legal Guarantee must be asserted directly against Archivio Miroglio, via email, by writing to info@archiviomiroglio.com. The assigned personnel will provide the Customer with all the necessary information regarding the conditions and procedures for using the Legal Guarantee.

    All information can be found in the "Information on returns and refunds" section of the website.

ARTICLE 6 – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER

This paragraph does NOT apply to contracts concluded by the Consumer Customer at the local Point of Sale and to those concluded by the Professional Customer.

6.1 Withdrawal from the contract concluded online

Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within the term of 14 (fourteen) calendar days from receipt of the product at their address without any penalty and without having to provide any reason (so-called "right of rethinking").

In the case of separate delivery of multiple products, ordered by the Consumer Customer with a single Order, the term of 14 (fourteen) calendar days for exercising the right of withdrawal runs from the day the last item is delivered.

All information relative to the procedure for exercising the right of withdrawal can be found in the "Information on returns and refunds" section of the website.

SECTION 7 - PROTECTION OF PERSONAL DATA

Regarding all duties related to the processing of the Customer's personal data and the relative purposes, reference is made to the specific "Privacy and Cookie Policy" contained on the Site.

SECTION 8 - APPLICABLE LAWS

These General Terms and Conditions of Use are governed by Italian law.

Regarding the Consumer Customer, for all disputes relating to the validity, efficacy, interpretation, or execution of these GTC and/or the sales contract, the Judge of the Place where they have residency or elective domicile is exclusively competent.

Regarding the Professional Customer, for all disputes relating to the validity, efficacy, interpretation, or execution of these GTC and/or the sales contract, the Judicial Authority of the Court of Asti is exclusively competent.

SECTION 9 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

At any time and at its sole discretion, Archivio Miroglio reserves the right to make changes/additions/updates to contents, programs, or other materials contained or available on the Site (including these GTC).

Every change/addition/update made does not produce effect with reference to Orders correctly sent by the Customer before the changes or updates were made.

Any modification of the rules of the Consumer Code that is mandatory will be automatically applied to contracts concluded with the Consumer Customer, saving, to the maximum extent possible, what is provided for by these GTC already approved by the Customer with the Order.

SECTION 10 – CONTACT DETAILS

For any request, communication, or complaint relating to Orders, these GTC or, in general, to any contract concluded with Archivio Miroglio s.r.l. through the Site www.archiviomiroglio.com, it is possible to contact the Seller at the following addresses:

- email: info@archiviomiroglio.com.

- registered letter with return receipt sent to: Archivio Miroglio srl - Piazza Carlo e Franco Miroglio 7, 12051 Alba (CN)

Current General Terms and Conditions of Sale - valid from 31.03.2026