Terms and Conditions of Service

TERMS AND CONDITIONS OF SALE

These Terms and Conditions govern the sale of products offered on the Site www.miriaci.com and govern its use. The Seller reserves the right to modify the Terms and Conditions of Sale and the Privacy Policy at any time, for example in response to legislative or regulatory changes or changes to the Site's functionality. Such changes will be communicated to Users through a notice on the Site and will remain visible for 10 (ten) days from the date the change is published.

The online store on this Site is operated through the e-commerce platform provided by Shopify Inc., which enables the sale of the Seller's products. It is important to emphasize that the online sale of the products is subject to the provisions of the Consumer Code (Legislative Decree No. 206/2005) and the Electronic Commerce Code (Legislative Decree No. 70/2003). The Terms and Conditions of Sale applicable to all Products sold on the Site are set out below.

 

ART. 1 DEFINITIONS

For the purposes of this contract, the following definitions apply:

Seller: Excelsior Group SRL VAT No. IT16965661008,  with registered office at Corso Alcide de Gasperi 292, 70125 Bari, Italy,  e-mail: info@miriaci.com,

Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Platform or Site: the website www.miriaci.com

Users: any person who accesses the Site and continues browsing it

Customer: any person who purchases the products sold through the Site.

Consumer: the natural person acting for purposes unrelated to any professional or business activity.

Professional: the natural or legal person acting in the course of their business or commercial activity and purchasing with a VAT number.

Products: the sale, through e-commerce, mainly of Canvas prints, furnishings and similar products.

Purchase Order or Order: the purchase proposal submitted by the User through the Site's procedures, and in particular through the Shopping Cart.

Purchase: the purchase for consideration of the above products from the date on which the purchase is concluded.

Shopping Cart: the stage of the purchasing procedure in which the User submits their purchase proposal by selecting the payment and delivery methods and similar options.

 

ART. 2 SUBJECT MATTER

These Terms and Conditions of Sale apply to the products detailed in the following Article 3 and are valid for any contractual relationship between the Seller and the Users of the Site, whether they act as Consumers, as defined by applicable law, or as Professionals.

If one or more provisions of these Terms and Conditions are null, ineffective, or unenforceable, such nullity, ineffectiveness, or unenforceability shall not affect the validity and effectiveness of the remaining clauses. In such circumstances, the parties undertake to replace the null, ineffective, or unenforceable clause with a valid and effective clause that has, insofar as possible, the same effect as the original clause.

 

ART. 3 PRODUCT DESCRIPTION

This Site is dedicated to retail sales and operates under the Electronic Commerce regime. The offering mainly includes Canvas prints, customizable Canvas prints with frames in various colors, home furnishings, and similar products. Each product offered is carefully described and illustrated in its respective sections of the Site.

Difference between digital display and canvas printing

Please remember that images displayed on your device's screen may appear brighter and more vivid than the final product. This happens because:

• Backlit screens: Digital images are displayed on illuminated devices, making the colors appear brighter.
• Painterly effect on canvas: The canvas print has a natural, matte finish that gives the product an artistic and authentic appearance, similar to a painting.

We try to represent colors as accurately as possible, but slight variations are normal and part of the charm of a handcrafted canvas print.

The product images published on the Site are intended to provide as faithful a representation as possible of the items offered. However, it is important to note that slight discrepancies or differences may occur between the graphic or photographic representations of the products and their actual appearance. Therefore, the photographs and graphic representations of the products on the Site are purely illustrative and symbolic and do not constitute a contractual element.

Regarding the customization of Canvas prints with frames, please note that this customization involves choosing a frame in a specific color to be applied to the canvas. Once this customization has been made, the product can no longer be modified and will not be subject to the right of withdrawal, due to its made-to-measure and personalized nature. Users are therefore encouraged to carefully consider their customization choices before proceeding with the purchase.

Consistent with the characteristics of E-Commerce, the User is informed that any discrepancies between the representations of the Products on the Site and the Products actually delivered may be contested only if they are substantial and significantly affect the product’s characteristics or functionality.

 

 ART. 4 PRICES AND ADDITIONAL COSTS

Product prices are shown in euros. In particular, the cart will show the following in detail:

- the price of the Product;

- delivery costs.

The Seller undertakes to constantly verify that all prices indicated on the Site are correct, without guaranteeing that they are error-free. If an error is found in the price of a product, the Seller will allow the Customer to purchase the product at the correct price or cancel the order. Prices in the online store may change. In such cases, the prices published at the time the Order is placed in the online store will apply. The Seller reserves the right to introduce special sales conditions or promotions for the Products available on its Site, also in accordance with Article 17 bis of the Consumer Code. The conditions applicable to promotions will be established from time to time by the Seller through specific written notices published on the Site. In the event of a computer, manual, technical, or any other type of error that may cause an unforeseen substantial change by the Seller in the retail price, making it exorbitant or clearly negligible, the purchase order will be deemed invalid and canceled, and the amount paid by the Customer will be refunded within 14 days of the cancellation, following notice to the Customer. The Seller reserves the right to verify and assess the Customer’s accuracy and good faith, particularly in cases involving the use of promotions or discount coupons. If the Customer’s conduct is found to be unlawful or improper, the Seller will promptly notify the Customer and proceed to cancel the purchase order.

 

ART. 5 REGISTRATION

To make purchases on the Site, the User may complete a specific registration process through which they can enter their personal data. Users wishing to register on the Site must provide all the requested data and are responsible for its truthfulness and accuracy.

When registering, the User guarantees, when entering their data, that they:

- be of legal age and have legal capacity;

- meet the eligibility requirements for registration required at the time of enrollment;

- comply with all legal and contractual provisions applicable to these Terms and Conditions;

- be the legitimate owner of the data entered, which must be true, accurate, and up to date.

Registration constitutes the opening of an account.

Upon registration, the User will be required to provide their name, e-mail address and a password. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. The use of temporary e-mail addresses for registration is prohibited. In the event of abuse, the Seller reserves the right not to accept the registration, revoke it, and report the matter to the competent Authorities for action. All data transmitted will be processed in full compliance with privacy protection legislation. The Seller will use the data to complete orders and, only where explicit consent has been given, the data may also be processed to provide information about its initiatives, such as news or promotional discounts.

 

ART. 6 PURCHASE PROCEDURE AND COMPLETION OF THE SALE

The User may purchase all Products offered for sale on the Site, as described in the relevant information sheets, by following the purchasing procedures provided on the Site. When purchasing Products, the Customer must follow all the instructions contained on the relevant page of the Site. To purchase Products, the Customer must complete and submit the electronic purchase Order form to the Seller, following all the instructions contained on the relevant page of the Site. A summary of the main commercial terms will be provided, including the price, payment methods and delivery arrangements, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must place the desired Product in the designated "Cart" and, after reviewing the Terms and Conditions, particularly the delivery charges, the procedures for exercising the right of withdrawal, and the Privacy Policy, must select the desired payment method and proceed with payment. The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract between the Seller and the Customer shall be deemed concluded upon acceptance of the Order by the Seller. The Seller will notify the Customer of acceptance of the Order by e-mail sent to the e-mail address provided. The Seller reserves the right to assess whether to accept orders received and may refuse or otherwise not process purchase orders that are incomplete or incorrect, in the event that the Products are unavailable, or where they would require delivery of the Products ordered to certain remote geographic areas.

Orders may be cancelled no later than 24 hours after being placed, as they are immediately sent into production because there is no inventory.

The Seller will inform the Customer of any inability to accept the orders received as soon as possible from the time the Customer has submitted the Order and will refund any amounts already paid by the Customer for the Products. The Customer shall have no right to compensation or damages, nor shall the Seller incur any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the Seller's failure to accept an Order, even partially.

 

ART. 7 PAYMENT METHODS 

The payment methods available on the Site are as follows:

1) PayPal

If the Customer chooses to pay via the PayPal platform, at the time of payment their browser will be directed to a secure server page with SSL encryption, where they can enter their username and password or create a new account easily and immediately. PayPal protects the buyer's information, as no financial information is transmitted. For each transaction made using this method, PayPal will send a confirmation email. The Order amount is charged to the PayPal account when the Order is acquired. In the event of cancellation, the amount will be refunded to the Customer's PayPal account.

2) Cash on delivery

The Customer may pay for their Order cash on delivery directly to the courier when the purchased Product is delivered. This payment method involves an additional fee, the amount of which will be indicated by the Seller. Upon delivery of the Product, the Customer will pay the total Order amount directly to the courier in cash.

3) Klarna

The Customer may pay for their Order via the Klarna platform, which allows the amount to be divided into 3 installments, with no interest and monthly due dates.

4) Scalapay

The Customer may pay for their Order by opening an account and using a credit card on the Scalapay platform, which allows the amount to be divided into 3 or 4 installments, with no interest and monthly due dates.

ART. 8 GIFT CARD

The Gift Card is  valid for 24 (twenty-four) months from the date of issue. After this period, the remaining balance can no longer be used, and the Gift Card cannot be refunded or replaced.
The issue date is stated in the purchase confirmation.

The Gift Card may be used exclusively for purchases made on this website and cannot be converted into cash or refunded in the event of loss, theft, or expiry.

The Gift Card may be used in one or more transactions, until the available balance has been exhausted.
If the purchase amount exceeds the available balance, the difference may be paid using the payment methods accepted on the website.

Any remaining balance will remain available until the Gift Card expires. The Gift Card cannot be used to purchase other gift cards.

In the event of loss, theft, or unauthorized use by third parties, the Gift Card will not be replaced or refunded.

In the event of a return of products purchased using a Gift Card, the amount will be credited in the form of Gift Card value, by reactivating the Gift Card or issuing a new Gift Card of the same value.

The Seller reserves the right to refuse orders and suspend or cancel Gift Cards suspected of unlawful or fraudulent use or use that does not comply with these terms and conditions.

ART. 9 PRODUCT SHIPPING AND DELIVERY TIMES

All orders are processed and delivered on business days (Monday–Friday, excluding public holidays). Orders placed on Saturdays and Sundays will not be processed until the following Monday.

For every order placed on the Website, the Seller issues a receipt for the goods shipped. The information provided by the Customer when placing the order will be used for issuing the receipt. No changes to the receipt will be possible after it has been issued.

Order processing takes approximately 6–8 days. The Seller is not responsible for unforeseeable delays; nevertheless, except in cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days starting on the day after the Customer submits the order, unless the Seller informs the Customer within the same period that the ordered products have become unavailable, even temporarily.

If the product is unavailable, the amount already paid by the Customer will be refunded within 14 days of the aforementioned notification. For every order placed on the Website, the Seller issues a receipt for the goods shipped. The information provided by the Customer when placing the order will be used for issuing the receipt. No changes to the receipt will be possible after it has been issued.

The Seller will deliver the purchased Products through specialized carriers, using a standard service, from Monday to Friday, excluding public holidays and national holidays. Products shipped within Italy are generally delivered within 3–5 business days, and within 7 business days to remote areas and islands. Products shipped within the European Union are generally delivered within 5–8 business days from shipment. The delivery times indicated above are purely indicative and are not essential terms. Any deviation from the above will be promptly communicated to the Customer by email.

 No compensation may be claimed from the Seller for damage caused by delays and/or interruptions, and/or total or partial suspension of deliveries not attributable to any act or fault of the Seller. This also applies to delays, interruptions, or suspensions due, by way of example and without limitation, to work stoppages, labor disputes, delays attributable to suppliers, energy shortages, or suspension of transport services.

When the package is shipped, the tracking number will be sent by email, allowing the shipment to be tracked throughout its journey on the carrier’s website. Upon delivery, the Customer acknowledges and accepts that they must be present, or that a person expressly authorized by them must be present, with the seller exempt from any liability. The Customer acknowledges and accepts that they may not refuse the package in any way upon delivery and may, in the case of non-personalized products, exercise the right of withdrawal as provided by law. Upon delivery, the Customer must check that the number of packages being delivered corresponds to the number indicated on the transport document and that the packaging is intact, undamaged, dry, and otherwise unaltered, including its sealing materials. If a product arrives damaged during transport or differs from the one ordered, the Customer must sign the proof of delivery presented by the courier, adding, if possible, the wording "ACCEPTED WITH RESERVATION BECAUSE DAMAGED." This will make it easier and faster to obtain any refunds for damage attributable to transport. The Customer must also photograph the package and the goods in order to demonstrate any damage. The Customer may contact the Seller by email info@miriaci.com  the replacement, and the Seller will resend the correct product and collect the product to be replaced from the Customer's home at the Customer's expense. The Customer need only prepare the goods for collection, carefully packaged and complete with all their parts, including the shipping documents. In any event, the Seller will contact the Customer as soon as possible to inform them of the product replacement times.

Depending on the delivery location of the goods, the purchased Products may be subject to import taxes and/or customs duties, the amount of which may vary depending on the destination country. It is therefore not possible to predict in any way whether customs clearance costs will be incurred or what those costs may be. Consequently, any costs relating to import taxes and/or customs duties shall be borne exclusively by the Customer.

In the event of the export of goods to countries outside the EU, the relevant customs duties shall be borne by the Customer. The customs duties payable vary depending on the destination country. The Customer is required to inform themselves about the applicable regulations and shall bear the related responsibility. Customs duties are not considered shipping costs and shall therefore be borne by the Customer.

 

ART. 10 SHIPPING INSURANCE CLAUSE

To provide additional protection for purchased products, the Seller offers customers the option of taking out shipping insurance. This insurance is intended to cover any damage or loss (including theft) that may occur while the products are being transported from our warehouse to the indicated delivery address.

The insurance covers all risks of damage to, loss, or theft of the product during transport. The insurance cost is standard for each order, regardless of the size or value of the product. The insurance price will be clearly indicated during the purchase process.

The Customer may choose to take out insurance when purchasing the product. Taking out insurance is optional, and the Customer is free to complete the purchase without opting for this additional coverage.

In the event of damage to, loss, or theft of the product during transport, the Customer must contact us within 24/48 hours (excluding Sundays), following the procedures indicated on our website. The Customer must provide all necessary details and, if requested, supporting documentation for the claim.

If the claim is accepted, the Customer will be entitled to a refund or replacement of the damaged, lost, or stolen product, in accordance with the terms of the insurance.

 

ART. 11 RIGHT OF WITHDRAWAL

Every Consumer Customer who makes a purchase on the Website is entitled to the right of withdrawal. This right allows consumers to return the purchased product without having to provide any justification and receive a full refund of the amount paid. The period for exercising the right of withdrawal is 14 days from the date the goods are delivered. To exercise the right of withdrawal, the Customer must send an explicit declaration of their wish to withdraw from the purchase by email or chat to  within the 14-day period. Alternatively, the Customer may exercise the right of withdrawal directly electronically via the “withdrawal button” available in the footer of our online store, labeled “Withdraw from the contract”: after activating the withdrawal with this button, they will be asked to enter the required information and explicitly confirm their choice (“Confirm withdrawal”), in accordance with the two-step procedure required by law. In both cases, the Customer will receive confirmation of receipt of the declaration on a durable medium.

For returns, the Customer must first contact the Seller by email at the address  to obtain shipping information. Once received, the Customer must ship the goods back, using a shipping method of their choice, within the same 14-day period. The goods must be placed back in their original packaging, intact and in perfect condition, complete with all parts and carefully packaged, and sent to the address provided by the Seller. We recommend insuring the shipment against theft and transport damage. Cash-on-delivery packages will not be accepted. The return shipping costs are borne by the Customer. Please note that requests without the original box and bubble wrap will not be considered.

Upon receipt of the goods and after verifying the integrity of the returned product, the Seller will refund the amount paid for the goods within 14 days. The refund will be issued using the same payment method used by the Customer. The Customer acknowledges and accepts that:

- The right of withdrawal does not apply to products received more than 14 days ago.

- The right of withdrawal is excluded for products that have been used or personalized.

- The right of withdrawal does not apply to products that, by their nature, cannot be shipped back or that were made at the Customer's specific request.

 - Please note that products included in the Outlet -  On Sale category/collection are not eligible for returns.

The Customer is responsible for any reduction in the value of the products resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.

 

ARTICLE 12 STATUTORY WARRANTY

The Consumer Customer is entitled to the 24-month statutory warranty pursuant to Legislative Decree 206/2005 and subsequent amendments. If the Customer receives Products that do not conform to the order or are defective, the Customer must notify the Seller by email, attaching any photographs and details. To benefit from the warranty, proof of purchase must be provided. If the goods arrive damaged, the warranty claim must be notified within 48 hours and may be exercised only if the customer has the box and bubble wrap and accepted the delivery subject to inspection.

In the event of a lack of conformity of the goods, the consumer is entitled to:

- restoration of conformity,

- or a proportionate price reduction,

- or termination of the contract if the product is not personalised.

For the purpose of restoring the goods to conformity, the consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or excessively burdensome for the seller, taking into account:

- the value of the goods without the lack of conformity,

- the extent of the lack of conformity,

- the possibility of using the alternative remedy without inconvenience to the consumer.

The consumer is entitled to a proportionate price reduction or termination of the contract:

- if the seller has not repaired or replaced the goods,

- if a lack of conformity becomes apparent despite an attempt to restore conformity,

- if the lack of conformity is so serious as to justify a price reduction or termination,

- if the seller has declared, or it is apparent from the circumstances, that they will not restore conformity within a reasonable period.

The consumer does not have the right to terminate the contract if the lack of conformity is minor, and the seller must prove this.

The consumer is entitled to a price reduction proportionate to the decrease in the value of the goods.

In the event of termination of the contract, it is exercised by means of a declaration addressed directly to the seller. If the lack of conformity concerns only some of the goods delivered, the contract may be terminated solely with regard to those goods. In the event of termination, the consumer:

- must return the goods to the seller at the seller’s expense,

- the seller refunds the consumer the price paid for the goods upon receiving the goods or the evidence provided by the consumer that they have returned or shipped the goods.

If the Customer is a Professional, they are not entitled to the statutory legal guarantee of conformity, but only to the statutory guarantee provided for by the Civil Code. Therefore, in the event of defects in the Products sold that make them unfit for use or substantially reduce their value, they may request a price reduction or termination of the sale in the cases provided for by the Civil Code. For this purpose, they must notify the Seller of the defect within 8 (eight) days of discovering it, and in any event within 1 (one) year of delivery.

Since the Website operates under a dropshipping model, products are shipped directly by manufacturers or suppliers. However, the Seller is responsible toward Customers for any conformity issue that may arise under applicable law. In the event of lack of conformity, Customers are invited to contact the Seller for a prompt resolution. However, the Seller points out that, given the nature of the dropshipping model, it may often be more effective and quicker to contact the manufacturer directly regarding warranty matters. In this context, the Seller undertakes, upon request, to provide the information necessary to improve the problem-resolution process.

 

ART. 13 FORCE MAJEURE

The Seller assumes no liability for service disruptions attributable to force majeure that prevent, in whole or in part, performance of the contract within the prescribed time limits. The Seller shall not be liable to Customers for any damages, losses, or costs incurred as a result of the failure to perform or delayed performance of the contract, as the Customer shall only be entitled to a refund of the price paid.
The Seller shall not be liable for damages arising from disconnections or interruptions to the Website, or for any resulting loss of data attributable to the Seller.

In the event of force majeure, performance of the Order shall be suspended.

Such suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to proceed with or cancel the Order.

 

ART. 14 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website (and its content and graphics), the trademark, the domain name, its subdomains, and all intellectual and industrial property rights relating thereto are the exclusive property of the Seller, are reserved to the Seller, and shall not under any circumstances be transferred or licensed to the Customer. Accordingly, the User or Customer may not reproduce, duplicate, copy, redistribute, retransmit, including on other websites, transfer, or otherwise make the Websites and/or Website Content available to third parties in any capacity, or use them for purposes other than storage and/or consultation, without the Seller’s prior express and formal approval.

 

ART. 15 FAILURE TO EXERCISE A RIGHT

The Seller’s failure to exercise a right does not constitute a waiver of the right to take action against the Customer or third parties for breach of the commitments undertaken. The Seller therefore reserves the right to enforce its rights in all cases, within the applicable time limits.

Without prejudice to the foregoing, the nullity, invalidity, or unenforceability of any specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the provisions that are null, invalid, or unenforceable within the framework of the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

 

ART. 16 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be processed in accordance with the principles of fairness, lawfulness, transparency, and protection of privacy pursuant to applicable legislation. The Seller, as the Data Controller, processes Users’ Personal Data by adopting appropriate security measures to prevent unauthorized access, disclosure, alteration, or destruction of Personal Data. Processing is carried out using IT and/or telematic tools, with organizational procedures and logic strictly related to the stated purposes. User Data is collected for the performance of pre-contractual measures; to fulfill obligations arising from the contract entered into; for the registration procedure required to purchase the Products; to respond to specific requests submitted by the User to the Data Controller; to send promotional and commercial information and offers, including via the newsletter service, based on the User’s freely given consent; and for soft-spam purposes, namely promotional communications concerning the Products purchased, without the need for the User’s express prior consent, as provided for by Article 130, paragraph 4, of the Privacy Code, as amended by Legislative Decree No. 101 of 2018. Customers are therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as the information on the use of cookies and the related consent to processing where required (Cookie Policy).

 

ARTICLE 17 APPLICABLE LAW AND COMPETENT COURT

These Terms and Conditions are governed by Italian law. In the event of disputes arising from the validity, interpretation, performance, or termination of contracts entered into online, the following provisions shall apply:

For Consumer Customers: Any dispute that may arise between the Consumer Customer and the Seller in relation to contracts entered into online shall be subject to the jurisdiction of the court of the place where the Consumer resides or is domiciled, in accordance with the applicable consumer protection laws (the so-called consumer forum).

For Professional Customers: Any dispute that may arise between the Professional Customer and the Seller in relation to contracts entered into online shall fall under the exclusive jurisdiction of the courts of Rome.

 

ARTICLE 18 DISPUTE RESOLUTION

Under Article 49(1)(v) of Legislative Decree No. 206/2005 (Consumer Code), the Consumer Customer may make use of the Joint Conciliation (ADR) procedure.

Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the European Union's ODR platform at http://ec.europa.eu/consumers/odr/. For further information, contact the Seller. 

 

ARTICLE 19 COMMUNICATIONS

For further information of any kind, you may contact the Seller at the following address: info@miriaci.com

 

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read and accept all the clauses of these Terms and Conditions of Sale, particularly those in Articles 3, 8, 10, 11, 12, and 16.