Introduction This notice is provided for the websiteswww.miamily.com |www.miamily.eu |www.miamily.ch |www.miamily.ukwww.miamily.org (the "Website") owned by OVERTEA SA, headquartered at Via Muzzano 15a - 6924 Sorengo (Switzerland), VAT no. CHE-222.864.978 (Miamily or Seller).
Article 1. Scope of Application 1.1 Any sale made through the Website constitutes a distance contract governed by the Swiss Code of Obligations (CO) and the Swiss Federal Law Against Unfair Competition (LCSl).
1.2 The General Terms and Conditions of Sale apply to all sales conducted by Miamily on the Website.
1.3 For the purposes of these General Terms and Conditions of Sale, a consumer (Consumer) is defined as a natural person acting for purposes unrelated to their entrepreneurial, commercial, professional, or craft activities. Conversely, a professional (Professional) is a natural or legal person acting in the course of their entrepreneurial, commercial, craft, or professional activity or on behalf of such activities. The implications of purchasing as a Consumer or Professional will be described further in this document.
1.4 All references to days are understood as business days, excluding Saturdays, Sundays, and national holidays.
1.5 The images and descriptions on the Website are for illustrative purposes only. Colors may differ from actual ones due to the settings of the computer systems or devices used to view them.
1.6 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will apply from the moment they are published on the Website. Therefore, you are invited to regularly access the Website and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.7 The applicable General Terms and Conditions of Sale are those in effect at the date of the order submission.
1.8 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than Miamily that may be present on the Website through links, banners, or other hyperlinks. Before engaging in commercial transactions with such parties, you should review their terms and conditions of sale. Miamily is not responsible for the provision of services and/or the sale of products by such parties. Miamily does not control and/or monitor the content of such third-party websites and, therefore, is not liable for the content, errors, omissions, or legal violations of those sites.
1.9 You are required to read these General Terms and Conditions of Sale carefully, as well as all other information provided by Miamily on the Website.
1.10 Miamily shall in no case be held liable to you or third parties for any indirect, incidental, special, or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use or inability to use the Website. Miamily does not guarantee or assert that (i) the Website is free of viruses or programs that may harm your data or (ii) the information contained on the Website is accurate, complete, and up to date.
1.11 All elements of the Website are the property of Miamily or third parties. Unless explicitly authorized in writing by Miamily, it is prohibited to reproduce, wholly or partially, distribute, publish, transmit, modify, or sell any part of the Website's content by any means.
Article 2. Purchases on the Website 2.1 To make purchases on the Website, you must follow the procedure available on the Website, entering the required information step by step. The sales contract is finalized when the order reaches Miamily’s server.
2.2 You agree to immediately inform Miamily if you suspect or become aware of any unauthorized use or improper disclosure of any information you have entered on the Website.
2.3 You guarantee that the personal information provided is complete and truthful and agree to indemnify and hold Miamily harmless from any damages, compensation obligations, and/or penalties arising from or connected in any way to the violation of this commitment. You agree to immediately notify Miamily if you suspect or become aware of unauthorized use or improper disclosure of your login credentials.
2.4 Miamily reserves the right to refuse or cancel orders submitted by:
A user with whom Miamily has an ongoing legal dispute;
A user who has previously violated the General Terms and Conditions of Sale;
A user who has provided false, incomplete, or otherwise incorrect identification data or has not promptly provided the documents requested by Miamily or has submitted invalid documents.
2.5 Acceptance of these General Terms and Conditions of Sale is not mandatory for placing orders on the Website. However, submitting an order constitutes acceptance of this document.
2.6 Miamily is the sole counterparty to the user intending to purchase one or more products through the Website and, therefore, is (i) the entity to which the user addresses their order to accept the offer and finalize the sales contract; (ii) the entity responsible for the pre-contractual obligations arising from the offer; and (iii) the entity concluding the sales contract with the user, assuming the associated rights and obligations. The purchase contract concluded through the Website is thus established between the user and Miamily.
2.7 On the Website and in communications with customers regarding the Website, Miamily reserves the right to operate under its trade name. Therefore, when the Website or customer communications reference the Miamily trade name or use the first-person plural ("We"), it refers to both the Website and Miamily.
2.8 Miamily does not guarantee that the Website will always be operational. CMS platform updates may result in temporary service interruptions. The Seller assumes no responsibility for any harm or damages you may suffer due to such circumstances.
2.9 After making a purchase, you will receive an order confirmation email. This confirmation email will contain at least the following information: (i) Miamily's details; (ii) the name of the purchased product; (iii) the purchase price and any applicable taxes; (iv) any additional costs; (v) the shipping address and delivery times; (vi) the payment method used.
2.10 The colors of the products displayed on the Website are indicative and may depend on the resolution of the user's device. The Seller assumes no responsibility if the product's color differs from user expectations. Users are encouraged to contact the Seller for any doubts about the color of one or more products displayed on the Website.
Article 3. Product Availability
3.1 The Products offered on the Website are available in limited quantities. Therefore, it may happen, especially if multiple users purchase the same Product simultaneously, that the ordered Product becomes unavailable after the order has been submitted.
3.2 The Website provides information about Product availability. This information is continuously monitored and updated. However, since the Website can be accessed by multiple users simultaneously, it is possible that several users purchase the same Product at the same time. In such cases, the Product may appear available for a short period, while it is actually out of stock or not immediately available, requiring restocking.
3.3 You will be notified if the Product you ordered is unavailable. In this case, you have the right to terminate the purchase contract. However, before exercising your right to terminate, please consider that the Seller reserves the right to take the following actions:
If restocking is possible, the Seller may offer an extension of the delivery terms, specifying the new delivery date.
If restocking is not possible, the Seller may provide a different product of equivalent or superior value, subject to your acceptance and, if applicable, the payment of any price difference.
3.4 If a refund is requested for Products purchased but subsequently found to be unavailable, the Seller will process the refund within a maximum of 10 days.
3.5 If you exercise your right to terminate the contract, the contract will be considered terminated. If the total amount due (comprising the Product price, any applicable shipping costs, and other additional charges as shown in the order) has already been paid, the Seller will refund the total amount due in accordance with the provisions outlined under the "Payment Methods" section.
3.6 The Website allows you to pre-order a Product that is unavailable at the time the order is submitted. The purchase contract is confirmed when the pre-order reaches the Seller's server. You are therefore required to make payment at the time of the pre-order. The maximum time for the Product to become available may be specified on the Product page or communicated during the purchase process. Once the pre-order is received, the Seller will prepare and ship the Product within 30 days of the availability date, unless otherwise agreed between the parties. You may cancel the pre-order only within the timeframe specified on the Website. If no timeframe is provided, the pre-order may be canceled up to 4 days before the date communicated by the Seller as the availability date of the Product.
3.7 The Website also allows the purchase of "gift cards." After the purchase, a confirmation email will be sent containing the gift card code. Gift cards are valid starting from the issuance date, unless otherwise specified. Gift cards can be used to purchase Products available on the Website. During the checkout process, you can enter the gift card code in the designated field to apply the credit to your order. If the total order amount exceeds the gift card balance, the remaining amount must be paid using another accepted payment method. If the total order amount is less than the gift card balance, the remaining balance will remain available for future purchases. Gift cards cannot be used to purchase other gift cards. Gift cards are non-refundable, non-transferable, and cannot be exchanged for cash. The Seller is not responsible for the loss, theft, or unauthorized use of gift cards. The Seller reserves the right to amend the terms of gift card use at any time.
Article 4. Prices
4.1 Prices on the Website include VAT. For sales to countries outside the European Union, particularly sales to the USA, the indicated prices do not include taxes or customs duties. These charges will be borne by the customer and must be paid at customs upon delivery.
4.2 The Seller reserves the right to change the prices of Products at any time without prior notice, provided that the price charged to you will be the one indicated on the Website at the time of placing the order, regardless of any subsequent price changes (increases or decreases).
4.3 Whether shipping costs are included or not will be specified during the purchase process, on the Product page, or elsewhere on the Website.
4.4 The Seller will only ship Products after receiving confirmation of payment authorization or after the total amount due has been credited. Ownership of the Products will transfer to you upon shipment, understood as the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, not attributable to the Seller, will transfer to you when you or a third party designated by you (other than the carrier) take physical possession of the Products.
4.5 The purchase contract is subject to termination if the total amount due is not paid. Unless otherwise agreed in writing, the order will be canceled accordingly.
4.6 If there is a pricing error for a Product listed on the Website, the Seller reserves the right to inform the customer of the correct price even after the order is finalized. In this scenario, the customer may accept the new price or terminate the purchase contract. Similarly, the Seller may cancel the purchase contract in cases of Product availability errors.
Article 5. Payment Methods
5.1 Miamily accepts credit cards from the following networks:
VISA
MasterCard
Maestro
American Express
ApplePay
Charges will only be applied after (i) the payment card details you provided have been verified and (ii) the issuing institution of your payment card has authorized the charge.
In accordance with Directive 2015/2366/EU on payment services in the internal market (PSD2), you may be required to complete your purchase by meeting the authentication criteria set by the payment institution managing the online payment process. These criteria involve verifying the user's identity (requiring the user to be registered on the Website at the time of purchase) and entering the authentication code provided by the payment institution (Strong Customer Authentication). Failure to complete the process may result in an inability to finalize your purchase on the Website.
Sensitive payment card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by Miamily. Consequently, Miamily neither has access to nor stores your payment card data, even if you choose to save such details on the Website.
5.2 Purchases on the Website can be made using PayPal. If you choose PayPal as your payment method, you will be redirected to thewww.paypal.com website to complete the payment according to PayPal's procedure and the terms and conditions of the agreement between you and PayPal. The data entered on PayPal's website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller cannot access or store your payment card details linked to your PayPal account or any other payment instruments connected to your PayPal account.
5.3 Purchases can also be made using Klarna's installment payment solution. The first payment is charged at the time of order shipment and/or upon finalizing the purchase contract, while subsequent payments are charged every 30 days from the first charge unless otherwise indicated on the Website or by the payment service provider (Klarna). If you select Klarna as your payment method, you will be redirected towww.klarna.com to complete the payment process according to Klarna's terms and conditions. The data entered on Klarna's website will be processed directly by Klarna and will not be transmitted or shared with the Seller.
5.4 If, for any reason, Miamily needs to issue a refund for one or more purchased Products, the refund will be processed using the same payment method originally used by the user. Delays in processing the refund may depend on the bank, credit card type, or payment solution used.
Article 6. Delivery of Products
6.1 Products can be delivered to the United States, Europe, Switzerland, the United Kingdom, and GCC countries. Users may contact Miamily for additional information regarding delivery, such as whether delivery is available to countries not explicitly listed on the Website.
6.2 The delivery obligation is fulfilled by transferring material availability or control of the Product to you.
6.3 The delivery time for Products is 14 days from the order submission unless otherwise communicated by Miamily or indicated on the Website and/or during the purchase process.
6.4 The delivery timeframe outlined in Article 6.3 is indicative and not binding. Miamily reserves the right to deliver Products within 30 days of the order submission. It is your responsibility to verify the condition of the delivered Product. While the risk of loss or damage not attributable to the Seller transfers to you once you or a third party (other than the carrier) designated by you takes physical possession of the Product, Miamily recommends checking the number of items received and ensuring the packaging is intact, undamaged, and unaltered (including closures). You are encouraged to note any issues on the carrier's delivery receipt and accept the package with reservations. If the packaging shows signs of tampering or alteration, promptly inform Miamily.
6.5 The user acknowledges that it is their responsibility to collect the Product. In cases of non-collection, Miamily reserves the right to terminate the purchase contract and seek compensation for any damages resulting from the failure to collect the Product.
Article 7. Right of Withdrawal
7.1 The right of withdrawal allows Consumers to terminate a purchase contract without providing a reason. If you made your purchase as a Professional, the right of withdrawal does not apply unless otherwise agreed with Miamily.
7.2 If you qualify as a Consumer (and exceptions do not apply), you have the right to withdraw from the purchase contract without providing a reason or incurring any costs beyond those outlined in this article, within 100 calendar days ("Withdrawal Period"). The Withdrawal Period ends after 100 days:
For orders involving a single Product, from the day you or a third party, other than the carrier, designated by you, takes physical possession of the Product;
For multiple orders with separate deliveries, from the day you or a third party, other than the carrier, designated by you, takes physical possession of the last Product;
For orders involving the delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier, designated by you, takes physical possession of the last lot or piece.
7.3 To exercise the right of withdrawal, you must notify Miamily of your decision to withdraw before the Withdrawal Period expires. You can do so by writing to Miamily using the contact information provided in Article 11. The right of withdrawal is exercised within the Withdrawal Period if the communication is sent before the period expires.
7.4 Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, along with the responsibility for their transportation. In the event of withdrawal, the Product must be returned to Miamily's address or another address specified by Miamily.
7.5 If withdrawal is applicable, the Seller will refund the Total Amount Paid, without undue delay and no later than 14 calendar days from when the Seller is informed of the withdrawal decision. Refunds will be processed using the same payment method used for the original transaction. If the Products were shipped using a carrier of the Consumer's choice and at their expense, the Seller may withhold the refund until the Products are received or until proof of shipment is provided, whichever comes first.
7.6 Consumers are only liable for any reduction in the value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functionality of the Product. The Product must be returned intact, complete, and fully operational, with all accessories, tags, labels, and seals attached and in original condition, free from signs of wear or dirt. Withdrawal applies to the entire Product and cannot be exercised on parts or accessories.
7.7 If the Product subject to withdrawal has diminished in value due to improper handling, the Seller reserves the right to deduct an amount equal to the reduction in value from the refund. The Seller will notify you of this deduction and provide bank details for payment if a refund has already been issued.
7.8 Beyond the right of withdrawal and the rights provided by the legal warranty of conformity, customers cannot request the replacement of the Product. If they wish to obtain a different product or replace the received item, they must exercise their right of withdrawal under the applicable terms and place a new order for the desired Product.
Article 8. Legal Warranty
8.1 The Legal Warranty of Conformity is reserved for Consumers. Therefore, it applies only to users who have made a purchase on the Website for purposes unrelated to their entrepreneurial, commercial, craft, or professional activities.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that arises within two years from delivery. Any claim regarding non-conformities not fraudulently concealed by the Seller must be filed within 26 months from the date of delivery.
8.3 Unless proven otherwise, any non-conformities that arise within 12 months from the delivery of the Product are presumed to have already existed at the time of delivery unless such a presumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the 12th month after delivery, it is the Consumer’s responsibility to prove that the lack of conformity existed at the time of delivery.
8.4 In the event of a lack of conformity, the Consumer is entitled to have the Product’s conformity restored, receive a proportionate price reduction, or terminate the contract.
8.5 The Seller is not liable for damages of any kind resulting from improper and/or non-compliant use of the Product contrary to the instructions provided by the manufacturer, or for damages caused by unforeseeable events or force majeure.
8.6 If you made the purchase as a Professional, the provisions of the preceding paragraphs do not apply. In this case, the legal warranty is governed by Articles 201 and following of the Swiss Code of Obligations (CO). You must promptly notify the Seller of any defects.
8.7 In the case of a safety recall of a Product initiated by the responsible economic operator or mandated by a competent authority, the economic operator agrees to offer the Consumer an effective, free, and timely remedy. The Consumer may choose between at least two of the following options, unless one is impossible or would impose disproportionate costs on the economic operator: (i) repair of the recalled Product; (ii) replacement of the recalled Product with a safe product of equivalent value and quality; (iii) reimbursement of the Product’s value, equal to at least the price paid. If repair or replacement is not completed within a reasonable timeframe or causes significant inconvenience to the Consumer, they will be entitled to a refund. If the recall allows the Consumer to repair the Product independently in a simple and safe manner, the economic operator will provide all necessary instructions and free spare parts. This repair does not affect the Consumer’s rights under applicable European regulations. If the recalled Product is disposed of by the Consumer, it must be done safely and does not affect their right to a refund or replacement. Proposed remedies must not involve shipping or return costs for the Consumer. For non-transportable Products, the economic operator will arrange for collection directly from the Consumer. For the purposes of this clause, and in accordance with EU Regulation 2023/988, "economic operator" refers to any entity in the supply and distribution chain, including manufacturers, importers, distributors, or other entities responsible for placing products on the market or managing consumer products.
Article 9. Applicable Law and Jurisdiction; Alternative Dispute Resolution/Online Dispute Resolution
9.1 Purchase contracts concluded through the Website are governed by Swiss law and these General Terms and Conditions of Sale. The application of any more favorable and mandatory provisions under the law of the Consumer’s country of habitual residence is reserved for Consumers who do not habitually reside in Switzerland.
9.2 For Consumers, any disputes relating to the application, execution, or interpretation of this document will fall under the jurisdiction of the court in the Consumer's place of residence or domicile. For Professionals, disputes will be resolved by the courts of the Seller’s registered office, as specified in the Introduction.
9.3 Miamily informs Consumers that, in the event they have submitted a complaint directly to Miamily but were unable to resolve the dispute, Miamily will provide information about the Alternative Dispute Resolution (ADR) bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies as provided by Directive 2013/11/EU), specifying whether or not it intends to use such bodies to resolve the dispute.
9.4 In any case, the Consumer retains the right to take legal action before the competent ordinary court regarding disputes arising from these General Terms and Conditions of Sale, regardless of the outcome of the extrajudicial dispute resolution procedure.
9.5 Consumers residing in an EU member state other than Switzerland may also access the European Small Claims Procedure established by Regulation (EC) No. 861/2007 of 11 July 2007, provided the value of the dispute does not exceed EUR 5,000, excluding interest, fees, and expenses. The text of the regulation is available at www.eur-lex.europa.eu.
Article 10. Reviews
10.1 The Website allows users to post reviews. The Seller does not guarantee that reviews posted are always from Consumers who have actually purchased or used the product or service bought on the Website. Some reviews on the Website may be incentivized, for example, through the issuance of discount vouchers, which will be duly noted on the incentivized review. Additionally, reviews may be from sponsorships or relationships with professionals (e.g., influencers), which will also be disclosed on the respective review.
10.2 The tool for posting reviews is internally developed by the Seller and does not rely on external services. For more information on how the tool works, you can contact the Seller using the contact details provided in Article 11.
Article 11. Customer Service and Complaints
You may request information, submit communications, seek assistance, or file complaints by contacting Miamily in the following ways:
By email at: questions@miamily.com
Through the “Contact Us” section on the Website
Miamily will respond to complaints within 3 days of receipt.
