Online sales contract
www.mymonacelliitaly.com
The products addressed by these General Terms are sold online by “Melius S.r.l.”, with headquarters in (06024) Gubbio – Perugia, Via Beniamino Ubaldi snc, under the number PG-245275 at the Chamber of Commerce Registry of Perugia, taxpayer number and VAT number 02981720366, e-mail/certified e-mail address: info@melius.it/meliussrl@pec.it, heretofore named “Supplier”.
The present conditions apply to the sales of products with exclusive reference to purchases carried out on the website, in compliance with the dispositions of part III, Title III, Paragraph I, Legislative Decree No. 206/2005 of the Consumer Code (modified by Legislative Decrees No. 21/2014 and 70/2003).
Art. 1 – Definitions.
1.1. The term “Online sales contract” or “Contract” applies to the trading contract relative to the Supplier’s products, stipulated between Supplier and Buyer within a long-distance sales system using digital instruments organised by the Supplier.
1.2. The expression “Buyer” or “Client” applies to the person who purchases products as described in this contract, for purposes that do not involve professional or commercial activities.
1.3. The expression “Supplier” applies to the subject identified above, i.e. Melius S.r.l.
1.4. The expression “Products”, or even simply “goods”, applies to all material movable goods sold by the Supplier, a procedure that can be made by purchasing items through a long-distance sales system using digital instruments organised by the Supplier.
Art. 2- Subject of the contract.
2.1. Through the present contract, the Supplier sends and the Buyer purchases remotely, using digital instruments, the Products presented and offered for selling on the website www.mymonacelliitaly.com.
2.2. The Products mentioned in the previous article are illustrated with specific and detailed description of their characteristics, in the section of the web portal on this URL:
mymonacelliitaly.it.
Art. 3 – Contract stipulation modalities.
3.1. The Contract between Supplier and Buyer is concluded exclusively through the Internet, digitally and remotely, when the Buyer accesses the website www.mymonacelliitaly.com, where, following the procedures indicated here, the Buyer formalises the purchase of Products as described in point 2.1 of the previous article. The Buyer is aware that in order to access the website www.mymonacelliitaly.com it is necessary to have an Internet connection, provided by the Buyer according to the terms established by his/her own Internet service provider.
3.2. Before concluding the contract, the Buyer is asked to confirm that he/she has read the General Sales Conditions.
Art. 4 – Conclusion and efficacy of the contract.
4.1. The online sales contract that is concluded after the Buyer fills in the sign up form, whose personal data are processed according to the modalities described in the Privacy Policy in the website and after these General Sales Conditions are accepted, and following the sending of the completed form including the selected Products in the website shopping basket.
Before the definitive placing of the order, the Buyer is asked to check the contents of the basket, which contains a summary of the order, in addition to the information of the Buyer and of the order, the price of the Products selected, any shipping expanses required and any other accessory costs (when present), payment terms and modalities, shipping address, delivery times, as well as the terms regarding contract interruption, when applicable.
4.2. The moment the Supplier receives the order from the Buyer, the first will send the latter a confirmation e-mail displaying a confirmation webpage and a summary of the order, on which the information mentioned on the previous article are also stated.
4.3. The Supplier cannot be held responsible for inaccuracies in the information supplied by the Buyer.
Art. 5 – Payment options.
5.1. The Buyer is obliged to pay the price once the order procedure is concluded. This happens by clicking on the “continue with PayPal” button at the end of the guided procedure.
5.2. The Buyer can only make the payment by means of one of the methods indicated by the Supplier in the buying procedure.
5.3. All communications relative to payments take place through third-party encrypted systems used to protect the transactions (e.g. PayPal payment system), and of which the Supplier has neither visibility nor responsibility.
Art. 6 – Cancellation and return policy.
6.1. The Buyer has the right to cancel the purchase without penalties and without specifying a reason, within 14 (fourteen) business days after the order is received, by sending a registered letter or certified e-mail to the contacts indicated by the Supplier, using the form available on the site itself.
6.2. In the event of multiple acquisitions made by the Buyer in a single order and delivered separately, the period of 14 (fourteen) business days is counted beginning on the date the last item is received.
6.3. In the event of right to cancel the contract, the Buyer must return the goods to the Supplier, without delay and in any case within 14 business days of the date on which the Buyer stated his/her decision to cancel the contract. The Client is in charge of paying the expenses involved in returning the goods.
6.4. Melius S.r.l. cannot be held reliable for shipping costs involved in the returning of the product(s) or in any loss or damage of the Products attributed to third parties.
6.5. The Buyer can be held responsible for the reduction of the value of the products as a result of their handling (different from that necessary to establish the nature, the characteristics and the functioning of the goods). Sealed products are accepted by the Supplier only if the wrapping film and the original packaging are intact and if the Buyer also includes the attached fiscal documentation. In addition, the Buyer must also provide the Supplier proof that the Products were shipped. With the exception of Melius S.r.l.’s faculty of verifying that these conditions have been met, the refund of the value of the Products involved in the cancelled contract shall take place before 14 (fourteen) business days after receiving the goods.
6.6. Any refund due to the Buyer will be made through the same payment term chosen by the Buyer when sending the order.
6.7. Cancellation rights do not apply to the products included in the category indicated in article 59 of Legislative Decree 206/2005.
Art. 7 – Shipping times and modalities for products bought from www.mymonacelliitaly.com.
7.1. The Supplier shall deliver the Products that were selected and ordered, according to the modalities chosen by the Buyer or indicated on the website when the products were offered, as confirmed in the e-mails mentioned in article 4.2.
7.2. The shipping times for the order are indicative, but in any case must not exceed 30 (thirty) days after the order is confirmed, as defined by the regulations in force. If the Supplier cannot, for any reason, ship the order within this deadline, the Supplier must immediately let the Buyer know by sending an e-mail to the e-mail address supplied by the Buyer when placing the order.
7.3. Upon delivery, the Buyer must make sure that a) the number of packages delivered corresponds to the number indicated in the shipping document attached to the shipped goods; b) the packaging is intact and unaltered, including packing tape, if present.
7.4. If the delivered goods show damages presumably caused by the transportation, the Buyer is entitled to reject the delivery and immediately contact the Supplier, who will present a claim to the courier. The Supplier will then ship a new order when the rejected order is returned.
7.5. If the Buyer decides, in any case, to accept the delivered goods, regardless of any serious damages and/or tampering with the packaging, in order to protect his/her own rights the Buyer must place a claim to the courier regarding the condition of the packaging, writing the words “SUBJECT TO CONTROL DUE TO…” (stating the motivation for the control) on the delivery document, of which the Buyer must keep a copy.
Art. 8 – Prices.
8.1. All final prices of the Products are indicated in the “Products” section of the website, are expressed in euros and are offered to the public in accordance with article 1336 of the Italian Consumer Code.
8.2. The final prices mentioned in the article above include VAT and all other taxes. Shipping costs and all accessory expenses, when present, even when not included in the final price, are indicated and calculated during the purchase, before the order is placed by the Buyer and contained in the summary webpage for the order and in the summary e-mail sent after the purchase procedure is concluded.
8.3. Prices may suffer variations at any given time. These variations do not affect orders for which a confirmation has already been sent by the Supplier.
8.4. If a price is indicated correctly, Melius S.r.l. must warn the Buyer as soon as possible, allowing him/her to confirm the order or cancel it. Melius S.r.l. is not obliged to sell Products at an inferior price that was incorrectly indicated.
8.5. Any promotions and offers shall be specifically indicated and marked within the website with the words “on offer”, “discounted” or equivalent vocabulary.
Art. 9 – Product availability.
9.1. The Supplier ensures the elaboration and shipping of the orders without delay, by means of the digital system used. For this purpose, the Supplier indicates, in real time, in its own digital catalogue, the products that are available and those not available, as well as shipping times.
9.2. Product availability refers to the actual availability the moment the Buyer places the order. This availability must always, in any case, be considered indicative only, because due to the simultaneous presence of several users in the website, the Products may be sold to other Buyers before the order is confirmed.
9.3. Should an order exceed the quantity available, the Supplier must e-mail the Buyer stating whether the Product can be pre-ordered, i.e. the waiting times until the Product can be shipped, asking whether the Buyer intends to confirm the order or not.
9.4. The Supplier’s digital system confirms, in the shortest possible time, the registration of the order, sending the Buyer a summary e-mail according to point 4.2.
9.5. Should the Buyer request the cancellation of the order, therefore cancelling the contract, Melius S.r.l. shall refund the amount paid within 14 (fourteen) days after the moment the Supplier received notice of the Buyer’s decision to cancel the contract.
Art. 10 – Supplier’s responsibilities.
10.1. The Supplier cannot be held liable for disservices caused by force majeure or unforeseeable circumstances.
10.2. The Supplier cannot be held liable, except in the event of serious malice or guilt, for disservices or malfunctioning related to the use of the Internet outside areas of his/her own control or his/her sub-suppliers.
10.3. In addition, the Supplier cannot be held responsible for damages, losses or expenses suffered by the Buyer after failure to execute the contract due to causes that cannot be attributed to the Supplier.
10.4. The Supplier cannot be held liable for fraudulent or illegal uses by third parties of credit cards, checks and other payment methods used to pay for the purchased Products, should the Supplier show that all possible cautionary methods available were employed according to the best knowledge and experience of the moment and based on the ordinary requested diligence.
Art. 11 – Supplier’s obligations regarding defective products, damage proof and refundable damages.
11.1. The Supplier cannot be held liable for consequences of a defective product if the defect is due to conformity of the product to an imperative legal regulation or a binding provision, i.e. if the state of scientific and technical knowledge at the moment in which the manufacturer/Supplier put the product in the market did not allow for the possibility of considering the product defective.
11.2. No refund is due should the subject who suffered with the defects be aware of the defect in the product and of the danger deriving from it, and nonetheless voluntarily exposed him/herself to it. Similarly, the Supplier cannot be held responsible for defects deriving from bad/improper use of the purchased goods, external causes (e.g. impact, falls etc), negligence or misuse.
11.3. In any case, the subject affected by the damage must prove the defect, the damage, and the causal relation between defect and damage.
Art. 12 – Guarantees and assistance.
12.1. The Supplier is responsible for all conformity defects that manifest within 2 (two) years of the delivery of the goods.
12.2. The Buyer renounces all rights should he/she fail to report to the Supplier any defects of conformity within 2 (two) months after the date on which the defect was discovered.
12.3. In any case, unless otherwise proven, it is to be presumed that conformity defects that manifest within 6 months of the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the defect in conformity.
12.4. In the event of defect of conformity, the Buyer is entitled to request, alternatively and without additional costs, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the price or the cancelling of this contract, unless the request is objectively impossible to fulfil, i.e. too costly for the Supplier. The guarantee does not cover Products that show clear signs of tampering or anomalies caused by their improper use or external agents that cannot be traced to manufacturing defects/issues.
12.5. The request must be sent to the Supplier in written form via registered letter or certified e-mail, sent to the contacts provided. The Supplier must then state its own availability and willingness to carry on with the request, i.e. the reasons that prevents it from doing it, within 7 (seven) business days after receiving it. In the same communication should the Supplier accept the Buyer’s request, the latter must state the shipping or return modalities of the goods, as well as the deadline expected for its return or replacement.
Art. 13 – Duties of the Buyer.
13.1. The Buyer is obliged to pay the price of the purchased goods within the times and in the manner indicated in this contract.
13.2. Once the online purchase is concluded, the Buyer is committed to printing and storing this contract, received via e-mail, as an attachment of the order confirmation.
13.3. In addition, the information contained in this contract has previously been read and accepted by the Buyer, who acknowledges it, prior to confirming the purchase, through digital procedures.
Art. 14 – Protection of Buyer’s confidentiality and data processing.
14.1. The Supplier protects the privacy of its own Buyers and guarantees the conformity of the processing of their personal data regarding the provisions of the privacy standards governed by EU Regulation 2016/679 and of the standards that are applicable regarding protection of personal data.
14.2. Personal and fiscal data acquired by the Supplier, Controller of the data processing, are collected and processed in the manners and according to the modalities of the Privacy Policy in the website.
Art. 15 – Communications and claims.
15.1. Written communications sent to the Supplier and any claims shall be taken into consideration only if e-mailed to the dedicated address help@mymonacelliitaly.clm or, alternatively, through the phone number +39 (075) 927-7974. The Buyer is obliged to state in the sign up form on the website his/her own residence or address, phone number and e-mail to which he/she wishes the Supplier’s communications to be sent.
Art. 16 – Modifications made to the General Sales Conditions.
16.1. Melius S.r.l. reserves itself the right to modify these General Sales Conditions unilaterally, at any given moment and without previous notice.
Art. 17 – Applicable laws and place of jurisdiction
17.1. The present General Sales Conditions are governed by Italian law and interpreted according to it. As a consequence, the interpretation, the execution and the resolution of the General Sales Conditions are submitted exclusively to the Italian law.
17.2. For all controversies relative to the interpretation and execution of this Contract, the place of jurisdiction is the Court of the place where the Buyer, as consumer, has his/her own residence.
17.2. Should any of the dispositions contained in this online sales Contract be considered non valid, null or not applicable for any reason, such disposition shall not affect the validity or the efficacy of the other dispositions.
These conditions were drawn up on 11 February, 2021.
