General conditions of use

The buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.

Supplier identification

The goods covered by these general conditions are offered for sale by  MELIN with administrative and operational headquarters in Corso Giacomo Matteotti 42, Brescia registered with the Brescia Chamber of Commerce, VAT number no. 04084060989 hereinafter referred to as "supplier",

1) Definitions

1.1 with the expression "online sales contract", we mean the purchase and sale contract relating to the tangible movable property of the supplier, stipulated between them and the buyer in the context of a remote sales system through telematic tools, organized by the supplier.

1.2 the term "buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3 the term "supplier" means the person indicated in the epigraph or the person providing the information services

2) Object of the contract

2.1 with this contract, respectively, the supplier sells and the buyer buys remotely via telematic tools (standard and / or customized costume jewelery and / or goldsmith items produced with precious and non-precious materials) the movable tangible goods indicated and offered in sale on the website www.melinamilano.com

2.2 the products referred to in the previous points are illustrated on the web page: www.melinamilano.com

3) How to stipulate the contract

The contract between the supplier and the buyer is concluded exclusively through the internet by accessing the buyer at www.melinamilano.com, where, following the procedures indicated, the buyer will formalize the proposal for the purchase of goods the contract for the purchase of the goods referred to in points 1 and 2 of the previous article.

4) Conclusion and effectiveness of the contract

4.1 the purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at the address www.melinamilano .com and the subsequent submission of the form / module itself, always after viewing a web page summarizing the order, printable, in which the details of the purchaser and of the order, the price of the purchased goods, the costs of shipping and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the exclusion of the right of withdrawal.
4.2 the order confirmation, as displayed in the previous point, will lead the buyer to the online payment page of the product according to the payment method chosen from those indicated on the manufacturer's web page. Payment will take place on a special line protected by an encryption system and its successful completion will be communicated via email to the buyer.
4.3 when the supplier receives the order and confirmation of payment from the buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page. in which the data referred to in the previous point are also reported.
4.4 the contract is not considered perfected and effective between the parties in default of what is indicated in the previous points.

5) Methods of payment and reimbursement

5.1 any payment by the purchaser can only be made by means of one of the methods indicated in the specific web page by the supplier, without any increase between the various electronic payment methods.
5.2 the reimbursement will be recognized only and exclusively in the event of non-delivery of the goods within the terms referred to in the following art. 6.
5.3 if the items ordered are customized at the buyer's choice, the right of withdrawal is excluded, as provided for by art. 55 n.2 letter c) of the consumer code.
5.4 all communications relating to payments take place on a specific line of the supplier protected by an encryption system. The supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

6) Delivery times and methods

6.1 the supplier will deliver the selected and ordered products, in the manner chosen by the buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.3.
6.2 being custom items and products on the buyer's order, shipping times may vary from 20 working days to a maximum of 40 working days from the date of order confirmation. In the event that the supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, the buyer will be promptly notified by e-mail.
6.3 the methods, times and costs of shipping are clearly indicated and well highlighted at www.melinamilano.com.

7) Prices

7.1 all sales prices of the products displayed and indicated on the website www.melinamilano.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2 the sales prices, referred to in the previous point, for Italy include VAT and shipping costs.
7.3 in case of shipment to non-EU countries, the sales prices, referred to in point 7.1 are inclusive of VAT. The shipping costs are highlighted at the time of the order and accepted with the forwarding of the order. These shipping costs do not include any taxes, duties, taxes and import taxes and customs clearance costs, applicable in the country of destination of the products, where this is different from Italy and will be charged to the customer.
7.4 any taxes, duties, taxes and import taxes and customs clearance costs cannot be estimated at the time of the purchase order as customs policies vary considerably from country to country. Buyers are therefore advised to contact their local customs office for further information.
7.5 International customers are to be considered importers and are therefore required to comply with all laws and regulations of the country in which they will receive the goods. Cross-border deliveries are also subject to any opening and inspection of products by customs authorities. 7.6 the prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.

8) Availability of products

8.1 the supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose it indicates, in its electronic catalog, that each ordered, purchased and personalized object must be specifically produced, also indicating the production and shipping times.
8.2 if an object should no longer be produced, the supplier will make it known on the page for filling out the request form.
8.3 the supplier's computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail, in accordance with point 4.3.

9) Limitation of Liability

9.1 the supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract.
9.2 the supplier cannot be held responsible towards the buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3 the supplier will also not be liable for damages, losses and costs suffered by the buyer as a result of the failure to execute the contract for reasons not attributable to him, since the buyer is entitled to a full refund of the price paid and any additional charges incurred. only in case of non-delivery of the purchased item.
9.4 the supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if he proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 in no case can the buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the supplier.

10) Liability for defects, proof of damage and refundable damages: the obligations of the supplier.

10.1 pursuant to art. 114 and ss. Of the consumer code, the supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or of the person who supplied him with the goods. .
10.2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3 the supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
10.4 no compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 in any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
10.6 the injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7 damage to property referred to in art. 123 of the consumer code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

11) Guarantees and methods of assistance

11.1 the supplier is liable for any lack of conformity that occurs within two years of delivery of the goods.
11.2 for the purposes of this contract it is presumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller by the latter at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
11.3 the buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4 in any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5 in the event of a lack of conformity, the buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the supplier pursuant to art. 130, paragraph 4, of the consumer code.
11.6 the request must be sent in writing, by registered letter with return receipt, to the supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the supplier has accepted the buyer's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7 if the repair and replacement are impossible or excessively expensive, or the supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the 'buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the buyer must send his request to the supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 in the same communication, where the supplier has accepted the buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the buyer's responsibility to indicate the methods for re-crediting the sums previously paid to the supplier.

12) Obligations of the buyer

12.1 the buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2 the buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3 the information contained in this contract has, moreover, already been viewed and accepted by the buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.

13) Right of withdrawal

If the customer is a "consumer", as defined in article 3 of the consumer code, he is entitled to the rights referred to in art. 52 and ss. Of the Consumer Code, as amended by Legislative Decree 21/02/2014 n.21, and therefore the right to withdraw from the purchase contract (hereinafter "right of withdrawal") for any reason, without explanation and without any penalty, communicating it to the seller within fourteen (14) days, starting from the day on which the customer or a third party, designated by the customer and other than the carrier, acquires physical possession of the goods.

We remind you that, as required by current legislation, the right of withdrawal is excluded and therefore cannot be exercised in the event that the products you have purchased have been customized, even with simple engravings, or have been made to measure for you, on your explicit request at the time of placing the order.

The withdrawal may concern all (total withdrawal) or only part (partial withdrawal) of the Melina products purchased by the consumer.

The customer who intends to exercise the right of withdrawal must communicate it to Melina tramite explicit statement

The right of withdrawal is subject to the following conditions:

• The returned products must be returned in their entirety and not parts or components of them even in the case of kits;
• Returned products must not have been used, worn, washed or damaged;
• Returned products must be returned in their original packaging (meaning, by this, the packaging of the individual product);
• Returned products must be sent to the seller in a single shipment;

 

14) method of withdrawal

In case of exercise of the right of withdrawal, the customer is required to return the goods within 15 days from the day on which he communicated Melina their will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The return can be requested by sending an email to

help@melinamilano.com, within 15 days after receiving the items

You can ask for a refund or an exchange: ask for a refund if you want to return the amount spent on the items you want to return; ask for the coupon in case you want to exchange an item. The coupon can also be used immediately by placing an order on the site. The new order will be shipped from Melina  only after receiving the items to be returned.

You will need to place the items to be returned in a well sealed and protected box or envelope and ship to the address indicated.

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, MELINA will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.

As required by current legislation, to which we refer, Melina  can suspend the reimbursement until receipt of the goods or, at its sole discretion, until the customer demonstrates that he has returned the goods to Melina di Marmaglio Manuel

Second Article 59 of the Consumer Code (containing "exceptions to the right of withdrawal") for distance and off-premises contracts, the right of withdrawal is excluded in case of "supply of goods made to measure or clearly personalized".

 

14) Causes of resolution

14.1 the obligations referred to in point 12.1, assumed by the purchaser, as well as the guarantee of the successful completion of the payment that the purchaser makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.

 

15) Protection of confidentiality and treatment of the purchaser's data

15.1 the supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196.
15.2 the personal and fiscal data acquired directly and / or through third parties from the data controller supplier, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating its compares the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, lett. B, legislative decree N. 196/2003)
15.3 the supplier undertakes to treat the data and information transmitted by the buyer confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
15.4 personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5 the buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely:
the right to obtain:
(A) updating, rectification or, where relevant, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6 the communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the purchaser's request cannot be processed.
15.7 in any case, the acquired data will be kept for a period of time longer than that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8 the owner of the collection and processing of personal data is the supplier, to whom the buyer can direct any request to the company headquarters.
15.9 everything that should reach the e-mail address (including electronic) of the center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case no responsibility for the content of the messages can be attributed to the center.

 

16) Method of archiving the contract

16.1 pursuant to art. 12 of Legislative Decree 70/03, the supplier informs the buyer that each order sent is stored in digital / paper form on the server / at the supplier's headquarters according to criteria of confidentiality and security.

17) Communications and complaints

17.1 written communications to the supplier and any complaints will be considered valid only if sent to the following address: Melina with administrative and operational headquarters in Corso Giacomo Matteotti 42, Brescia or sent by e-mail to the following address

Help@melinamilano.com the buyer indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the supplier's communications to be sent.

18) settlement of disputes

18.1 All disputes arising from this contract will be referred to the Brescia Chamber of Commerce and resolved according to the conciliation regulations adopted by the same.
18.2 if the parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005

19) applicable law and reference

19.1 this contract is governed by Italian law.
19.2 for what is not expressly provided herein, the laws applicable to the relationships and cases envisaged in this contract are valid, and in particular art. 5 of the 1980 Rome Convention.
19.3 pursuant to art. 60 of legislative decree 206/05, the discipline contained in part iii, title iii, chapter i of legislative decree 206/05 is expressly referred to here.

20) final clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.