Miacontessa Terms of Service

Miacontessa Terms of Service

Effective Date: May 12, 2025

Welcome to Miacontessa. These Terms of Service (“Terms”) govern your access to and use of the Miacontessa website (https://miacontessa.com) and all associated services, content, and functionalities (collectively, the “Services”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Miacontessa (“Miacontessa,” “we,” “us,” or “our”).

By accessing, Browse, or using any part of our website or Services, you signify your unconditional acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

1. Eligibility and User Accounts

1.1. Eligibility: To access or use our Services, you must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these eligibility requirements.

1.2. Account Registration: Certain features or services on our website may require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information as prompted by the registration form.

1.3. Account Responsibility: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Miacontessa immediately of any unauthorized use of your account or any other breach of security. Miacontessa cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

1.4. Account Termination: Miacontessa reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services at its sole discretion, without notice, if you breach these Terms or for any other reason, including but not limited to, prolonged inactivity. You may terminate your account at any time by contacting our Client Relations team.

2. Use of the Website and Services

2.1. Permitted Use: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our website and Services strictly in accordance with these Terms for your personal, non-commercial purposes, including purchasing our products.

2.2. Prohibited Conduct: You agree not to engage in any of the following prohibited activities: * Violating any applicable local, national, or international law or regulation. * Engaging in any fraudulent, deceptive, or misleading practices. * Accessing, tampering with, or using non-public areas of the website, Miacontessa’s computer systems, or the technical delivery systems of Miacontessa’s providers. * Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures. * Interfering with or disrupting the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the website. * Attempting to access or search the website or Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Miacontessa. * Using the website or Services for any commercial solicitation purposes without the express written consent of Miacontessa. * Collecting or storing any personally identifiable information from the website or Services from other users without their express permission. * Impersonating or misrepresenting your affiliation with any person or entity. * Posting, uploading, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. * Uploading or transmitting any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

3. User-Generated Content (UGC)

3.1. Definition: “User-Generated Content” refers to any content (including but not limited to comments, reviews, testimonials, suggestions, images, or other materials) that you submit, post, upload, or display on or through our website or Services.

3.2. Your Responsibility for UGC: You are solely responsible for your UGC. You represent and warrant that: * You own all rights to your UGC or have the necessary licenses, rights, consents, and permissions to authorize Miacontessa and users of the Services to use your UGC as necessary to exercise the licenses granted by you under these Terms. * Your UGC does not violate any applicable laws, including without limitation, intellectual property, privacy, or publicity rights. * Your UGC is not defamatory, obscene, hateful, or otherwise inappropriate.

3.3. License Grant to Miacontessa: By submitting UGC, you grant Miacontessa a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your UGC in connection with the Services and Miacontessa’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

3.4. Monitoring and Removal of UGC: Miacontessa reserves the right, but is not obligated, to monitor, screen, edit, delete, or refuse to post any UGC at its sole discretion and without notice, for any reason, including violation of these Terms or our General Store Policy. Miacontessa assumes no responsibility or liability for any UGC posted by you or any third party.

4. Product Information, Pricing, and Orders

4.1. Accuracy of Information: We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions or other content on the website are entirely accurate, complete, reliable, current, or error-free. Due to the inherent natural characteristics of materials like leather and the intricacies of the photographic process, slight variations in color, texture, and finish may occur. All measurements provided are approximate.

4.2. Pricing: All prices displayed are in Euro (€) and are subject to change without prior notice. We reserve the right to modify prices at any time.

4.3. Order Acceptance and Cancellation: Your placement of an order does not necessarily mean our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in the description or price of the product, or error in your order. We will notify you if we cancel an order.

5. Shipping & Returns

For comprehensive details regarding our shipping protocols, delivery timelines, insurance, international duties and taxes, and our return and exchange policies, please refer to our dedicated Shipping & Returns Policy.

6. Diamond Warranty & NFC Chip Technology

Specific terms concerning the Miacontessa Diamond Lifetime Warranty and the integrated NFC (Near-Field Communication) chip are outlined in our General Store Policy. Your use of products featuring these elements is subject to those terms.

7. Intellectual Property

All content on the Miacontessa website, including designs, logos, text, graphics, images, photographs, video clips, audio clips, illustrations, interfaces, and the selection and arrangement thereof, are the exclusive property of Miacontessa and are protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of Miacontessa.

8. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Miacontessa. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Miacontessa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties: The website and Services are provided on an “AS IS” and “AS AVAILABLE” basis. Miacontessa makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. To the fullest extent permissible by applicable law, Miacontessa disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

9.2. Limitation of Liability: In no event shall Miacontessa, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Miacontessa’s total liability for any claims arising out of or relating to these Terms or your use of the Services shall not exceed the amount paid by you for the product or service giving rise to the claim, or one hundred Euros (€100), whichever is less.

10. Indemnification

You agree to defend, indemnify, and hold harmless Miacontessa and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User-Generated Content.

11. Governing Law and Dispute Resolution

11.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

11.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services shall first be attempted to be resolved amicably through good-faith negotiations. If a resolution cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the courts located in Italy.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, Shipping & Returns Policy, and General Store Policy, constitute the entire agreement between you and Miacontessa regarding your use of the website and Services.

14. Changes to These Terms

Miacontessa reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

15. Contact Us

For any questions or concerns regarding these Terms, please contact our Client Relations team: Email: info@miacontessa.com You may also reach us through the contact form available on our website.