Article 1 – General provisions
- These General Conditions of Sale regulate the conclusion of a contract of distance purchase by means of telematic network through the website www.melchionni.net. The navigation and the transmission of a purchase order on the website implies the acceptance of these Conditions and Policies for the Protection of Personal Data adopted by the site therein indicated.
- These General Conditions of Sale are applied to the sale of products with reference to purchases made on the website www.melchionni.net in accordance with the provisions of the III Part, III Title, I Cape, Consume Code (D.lgs. no.206/05 modified by the D. lgs. no. 1/14 and D.lgs. no.70/03) from Melchionni & C. – Vicolo Ricci, 14 27058 Voghera – VAT number: 00175720184.
- With the conclusion of the online purchase procedure, the General Terms and Conditions of Sale written in this contract will be generally and unequivocally deemed accepted by the User, and Mechionni & C. will be considered authorized to debit the total amount indicated, including any contribution for shipping costs, if applicable.
- The Seller declares that the purchase of products through the telematic network mentioned above is allowed only for adults.
- The website www.melchionni.net is dedicated to retail sales and it is intended exclusively for consumers, as defined by the Consumer Code. If the purchase is made by a non-consumer entity, the present General Terms and Conditions of Sale will apply, except as provided for in matters of right of withdrawal, product warranties, and, in general, consumer protections provided by non-derogable laws. 6. Melchionni & C. reserves the right to unilaterally modify the terms of these General Terms and Conditions of Sale without any prior notice. These modifications and updates will be valid concerning Users and Third Parties from the date of their publication on the website.
Article 2 – Products
- These General Terms and Conditions regulate the offer, submission, and acceptance of purchase orders for products on www.melchionni.net. However, they do not regulate the purchase of services or the sale of products by parties other than the seller who may be present on the same website through links, banners, or other hypertext links.
- The prices, descriptions and availability of the products are specified on their respective pages of the website and they may change without prior notice.
Article 3 – Registration
- To place an order on www.melchionni.net, the User has the option to choose between creating an account (by providing all the required data and information) or proceeding without any registration. However, if the User opts for the latter solution, certain functions (ex: accessing the status of ongoing purchases and purchase history) may not be available.
- It is a responsibility of the User to keep their access credentials safe and confidential, exercising due care and diligence. The User should refrain from temporarily or permanently sharing their credentials with third parties and should choose a secure password.
- If the User believes that his personal information, access credentials or other personal data have been subject to a breach or unlawful disclosure/theft, he is required to notify the Seller using the contact details provided in this document.
- The registration of a User account on www.melchionni.net is subject to the following conditions, which the User accepts by proceeding: - By creating the account, the User agrees to take full responsibility for all activities carried out with their access credentials. - The creation of accounts through bots (or similar) is not allowed. - Each User can create only one account, which, unless otherwise specified, cannot be shared with others. - The User can delete their account and stop using the Service at any time using the following methods: send an email to email@example.com and request the cancellation of the account - If the behaviour of a User is considered inappropriate, offensive or in violation of these conditions, Melchionni & C. reserves the right to suspend or cancel the account at its discretion and without prior notice. This does not entitle the User to any compensation, refund or indemnification, nor does it exempt them from paying applicable fees or prices. - The User must inform Melchionni & C. of any changes to their data communicated at any time.
- Once the registration is completed, the User will receive a confirmation email at the email address provided during the registration process.
- In case the User provides inaccurate or incomplete data, Melchionni & C. can decide to not activate or to suspend the service until the correction or completion of the data is done, or until the related deficiencies are rectified.
Article 4 – Purchase procedure
- The purchase procedure includes the following steps:
- To place an order, Users must select the desired product and add it to the cart, indicating the quantity and, if required, any additional features or characteristics of the product.
- By accessing the checkout area, Users can review their selection and, if necessary, modify, add or remove items.
- Within the checkout area, Users who already have an account on this website can log in.
- Users will be asked to enter/confirm the billing and shipping address and to select the desired shipping and payment method. Before proceeding with the payment, Users must accept the present General Terms and Conditions.
- During the purchasing process, Users can make changes, corrections or replacements of the selected products and the provided information. Additionally, they can apply discount coupons by entering them in the appropriate section.
- Until the completion of the procedure, the User can decide to abandon it without any consequences.
- It is recommended that Users carefully verify the correctness of the order and the data entered before proceeding with the submission. Afterward, they should confirm and submit the order using the respective button or mechanism on this website, thereby accepting the present Terms and Conditions and committing to pay the agreed price.
- The submission of the order by the User constitutes the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any other additional charges and fees, as specified on the order page.
- In the event that the product needs to be customized with information, personal data or specific requests, the submission of the order also gives rise to the User's obligation to collaborate by providing the requested specifications.
- The confirmation of order receipt, as well as all notifications related to the status of the purchasing process, will be forwarded to the email address provided by the User at all times of communication. - Before the order is submitted, Users will be duly informed of all commissions, fees and costs (including any shipping charges) that will be charged to them.
- Similar to the User, the accepted payment methods will be indicated. It is specified that all payments will be handled independently by third-parts services. Therefore, this website does not collect payment-related data, such as credit card numbers, but it receives a notification once the payment has been successfully processed.
- In the event that the payment - using one of the available methods - is not successful, Melchionni & C. is not obliged to fulfil the order or refund any costs or commissions resulting from the failed or rejected payment.
- The ordered product remains the exclusive property of Melchionni & C. until the payment of the purchase price is received.
- Once the payment is received, the contract is considered concluded and Melchionni & C. will proceed to fulfil the order.
Article 5 – Products availability
- If, subsequently to the order confirmation email, the purchased goods are partially or completely unavailable, the buyer will receive prompt communication via email.
- In that case, the buyer can request the unavailable goods to be replaced with others of equivalent value, or they can ask for the order to be cancelled, thus resolving the contract. In the event of resolution, Melchionni & C. will refund the paid amount within 3 days from the moment they became aware of the buyer's decision to resolve the contract.
Article 6 – Payment method and prices
- The price of the products will be indicated on the website, except where there is an error or mistake.
- In this last case, Melchionni & C. will inform the buyer of the error, giving him the chance to choose the order confirmation at the right price or delete the order. There is no possibility that Melchionni & C. provides what was sold at the erroneously indicated lower price.
- The prices on the website includes VAT and do not include shipping costs. Melchionni & C. reserves the right to make changes to the prices at any time. The orders that have already been confirmed will not have any price increase.
- The shipping cost is borne by the buyer and it is explicitly highlighted at the time of placing the order.
Article 7 – Delivery
- Melchionni & C. carries out shipments on the Italian territory and, according to the customer's needs, also provides international shipping.
- Melchionni & C. will make deliveries to the address provided by the User at the time of purchase, which will be the delivery address for the shipment.
- The delivery is generally made within 15 days and, in any case, not later than 30 days from the date of confirmation.
- If it is not possible to make the delivery, the order will be sent to the storage facility and the Customer will receive a communication regarding the location of the order and the procedures to arrange for a new delivery.
- If the Customer is unable to be present at the indicated delivery time and location, it is the responsibility of the Customer to communicate this to Melchionni & C. in order to arrange for a new delivery date.
- If the delivery cannot take place due to reasons not attributable to Melchionni & C., after 30 days from the date on which the order is available for delivery, the contract will be considered terminated at the Buyer's will. As a result, the amounts will be refunded, including the delivery costs, with the exclusion of any additional costs arising from the choice of a delivery method different from the ordinary method offered without undue delay and, in any case, within 15 days from the date of contract termination. The transportation resulting from the contract termination may incur additional costs, which will be borne by the Buyer.
- At the time of delivery, Users are required to verify the content of the package and its integrity. Any anomalies must be immediately reported to Melchionni & C. Users have the option to refuse the package if it is visibly damaged.
Article 8 – Transfer of risk
- The ownership of the products is considered acquired as soon as the full payment of all the amounts is received, including shipping costs or at the time of delivery, if it occurs at a later time.
- In any case, whatever the agreed terms of return, the risks pass to the Buyer, at the latest, with the delivery to the Buyer or to a third part designated by the Buyer.
Article 9 - Warranty and commercial conformity
- The Seller, according to the current Italian legislation, guarantees that the purchased goods have qualities, functionalities or characteristics as promised or reasonably foreseeable for at least 2 years from the moment of delivery to the Buyer.
- If the Buyer has entered into the contract as a Consumer (meaning any natural person who is acting on the website for purposes unrelated to their entrepreneurial or professional activity), this warranty is valid, subject to the following conditions to avoid forfeiture: - the defect must manifest itself within 24 months from the date of delivery of the products to the Consumer, in order for the warranty to be valid. - the denunciation of any defects and non-conformities should be sent to Melchionni & C. within 2 months from the date of discovery, with an indication of the defect and/or non-conformity found, along with photographic documentation of the disputed product, the order confirmation sent by Melchionni & C., and/or the tax receipt. 3
- The action of returning the product under dispute should not be considered as an acknowledgment of the defect or non-conformity claimed by the Buyer.
- Once the product is received, Melchionni & C. will verify the existence of the non-conformity reported by the Buyer and will provide feedback by sending a specific communication to the email address communicated by the Buyer.
- If the lack of conformity is confirmed, the Buyer who entered into the contract as a consumer will have the right to obtain the repair or replacement of the non-conforming product. In the event that this is not possible, the contract will be considered resolved concerning the disputed goods, and Melchionni & C. will proceed with the consequent refund of the price.
Article 12 – Withdrawal
- Except as provided in Article 59 of Legislative Decree 206/2005, the Buyer has the right to withdraw from the contract without any penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products.
- In the event that the Buyer makes multiple purchases with a single order and these are subsequently delivered separately, the 14 days period mentioned in point 1 starts from the date of receipt of the last product.
- The Buyer may exercise the right of withdrawal by sending an explicit declaration to Melchionni & C. via registered mail with return receipt to the address Vicolo Ricci, 14 - 27058 Voghera, or by sending a certified email (PEC) to firstname.lastname@example.org.
- The costs necessary for returning the goods are borne by the Buyer, who must arrange the return by courier within the aforementioned timeframe to the address provided by: Melchionni & C. s.r.l. Vicolo Ricci, 14 27058 Voghera (PV)
- The right of withdrawal is validly exercised only if the purchased goods are delivered to the courier or another authorized person before the expiration of the 14-day (fourteen) period mentioned in point 1.
- According to Article 56 paragraph 3 of Legislative Decree 206/2005, Melchionni & C. reserves the right to withhold the refund until the goods are received or until proof is provided that the Buyer has actually returned them.
- The Buyer is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
- The goods must be returned intact and complete in all their parts. Where possible, the return should be made using the original packaging in which the goods were shipped, accompanied by the relevant tax documentation.
- The right of withdrawal cannot be exercised in the case where services and products of Melchionni & C. are included in the categories listed in Article 59 of Legislative Decree 205/2005.
- The refund will be made using the same payment method used by the Buyer during the purchase process. In case the Buyer has chosen a bank transfer as the payment method, it is the Buyer's responsibility to provide Melchionni & C. with the necessary bank details (IBAN, SWIFT and BIC) to process the refund.
- In case of withdrawal under Art. 52 and following of Legislative Decree 206/2005, Melchionni & C. will refund all payments received, including, if applicable, the shipping costs, except for any additional cost resulting from the Buyer's choice of a specific delivery method different from the standard and least expensive method offered by the Seller.
Article 13 – Data processing
Article 14 - Safeguard clause
- The parties agree that if any of the clauses of these General Sales Conditions were deemed null and void for any reason, it shall not in any way affect the validity and compliance of the other provisions contained in this contract.
Article 15 - Limitation of liability
- It is expressly agreed and accepted by the Buyer that Melchionni & C. shall not be held liable for any service disruptions due to force majeure events such as fires, earthquakes, strikes and/or lockouts, floods, and other similar events that prevent, in whole or in part, the fulfilment of the contract's terms in the agreed-upon times or ways. In such cases, the Buyer shall only be entitled to the refund of the price already paid, excluding shipping costs, which will remain the responsibility of the Buyer.
- It is expressly agreed and accepted by the Buyer that Melchionni & C. shall not be held responsible for any fraudulent or illegal use of credit cards or other payment methods used for the payment of the Products by third parties.
Article 16 – Contacts
- Any communication addressed to Melchionni & C. can be sent via email to the following address: email@example.com, via phone to the following telephone number: +39 0383 42641 and via certified email (PEC) to firstname.lastname@example.org.
Article 17 - Online Dispute Resolution
- In accordance with Article 14 of EU Regulation No. 524/2013, consumers residing in European Union member states are informed that for the resolution of disputes related to this contract and the online services offered by this website, there is the possibility to resort to the Online Dispute Resolution (ODR) procedure provided by the European Commission. This procedure can be accessed via the following link: https://webgate.ec.europa.eu/odr/.
- In compliance with the aforementioned regulations, it is also communicated that the email address of Melchionni & C. is email@example.com
Article 18 - Applicable law and competent jurisdiction
- These General Sales Conditions are governed by Italian law and interpreted and enforced accordingly, except for any prevailing mandatory laws of the country where the Buyer has their habitual residence.
- The parties agree that any dispute relating to the interpretation and/or execution of this contract shall be exclusively resolved by the Italian judicial authority. For the resolution of civil and criminal disputes arising between Melchionni & C. and a Buyer, connected and/or deriving from the conclusion of this distance selling contract, the territorial jurisdiction shall be that of the reference court of the consumer's place of residence; in all other cases, the territorial jurisdiction is exclusively that of the court of Pavia.
The present terms and conditions were drafted on 2nd August 2023.