These General Conditions refer to the on-line purchase of products and services through the site http://www.meliconi.com owned by Meliconi S.p.A. hereinafter Meliconi, with registered office and production at Via Minghetti no. 10, 40057 Cadriano di Granarolo Emilia (BO), VAT number 01557811203, tax code and registration in the Bologna Business Register no. 09753830258, registration in the Economic Administrative Register of Bologna no. 325317
1) The contract between Meliconi and the Customer shall only be concluded on acceptance, even only partial, of the order by Meliconi. This acceptance shall be implicit, unless otherwise notified to the Customer in any way. By placing an order with any of the foreseen methods, the Customer declares that all the indications provided during the purchase procedure have been duly noted, and that the general and payment conditions described below are fully accepted.
2) If the Customer is a consumer (i.e. a private individual purchasing goods for purposes not related to his/her professional activity), once the online purchasing procedure has been completed, these general sales conditions must be printed or saved in electronic format, in accordance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 regarding on-line sales.
3) The Customer shall not be entitled to any compensation for damage, nor shall Meliconi be liable contractually or extracontractually for direct or indirect damage to persons and/or objects caused by the non-acceptance or non-fulfilment, partial or otherwise, of an order.
1) To make an order, it is necessary to be an adult and reachable via telephone. Orders received from minors or without a valid e-mail address and not reachable via telephone will not be accepted.
2) By registration on the website and creation of a personal account, the Customer declares, under his own personal liability, that he is an adult and in full possession of their faculties.
4) The Customer may only order the products which are present in Meliconi's online catalogue at the time when the order is placed and visible online at the address (URL) http://www.meliconi.com, as described in the relative information sheets. It is understood that the photo that accompanies the description of a product may not be a perfect representation of its characteristics but may differ in size, colour and accessories shown in the photo.
5) Correct receipt of the order shall be confirmed by Meliconi by means of an e-mail reply, sent to the e-mail address indicated by the Customer. This reply is generated automatically by the system and cannot be considered in itself as acceptance of the order, but only as confirmation of receipt of the order. This confirmation message will include the Date and Time when the order was placed and a Customer Order Number, to be used in all future communications with Meliconi. The message summarises all the data entered by the Customer who must check that they are correct and promptly inform Meliconi of any corrections, following the instructions indicated in the message.
6) If the order is not accepted, Meliconi shall promptly notify the Customer.
7) All prices and rates are shown in Euros, including VAT. The tax invoice will be issued when the goods are shipped, and will be delivered along with the goods. Payment may be made by:
7.1) Credit card For customers who choose to pay by credit card, the bank will authorise payment of the amount due for the purchase when the online transaction is completed. This amount, corresponding to the goods shipped – partially or in full – will not effectively be charged to the credit card until Meliconi has shipped the goods.
7.2) If the order is cancelled by the Customer or is not accepted by Meliconi, Meliconi will request the cancellation of the transaction and the clearance of the amount authorised. For some types of cards, the time required for clearance depends exclusively on the banking system, and may take up until the natural expiry (typically 24-25 days from the date of authorisation). Once the transaction has been cancelled, Meliconi may in no case be held liable for any direct or indirect damage caused by a delay in clearing the amount authorised by the banking system.
7.3) If the Customer’s order is shipped after the expiry of the authorisation, Meliconi will contact the Customer before the order is shipped to request a new authorisation to charge the credit card, or to arrange for a new method of payment.
7.4) Meliconi reserves the right to ask the Customer to provide additional information (for example a landline telephone number) or to send documents to prove s/he is effectively the holder of the card used. If the documents requested are not provided, Meliconi reserves the right not to accept the order.
7.5) Customers have the guarantee and the assurance that at no stage of the purchase procedure is Meliconi able to access information regarding the purchaser’s credit card, which is transmitted through a protected connection straight to the website of the bank managing the transaction. Said data will not be held on any of Meliconi’s computer files, so in no event may Meliconi be held liable for any undue or fraudulent use of credit cards on the part of third parties upon payment of products purchased on the website http://www.meliconi.com
7.6) Payment by Pay Pal When the Customer chooses PayPal, s/he will be taken to a page on the PayPal website to pay for the purchase by entering his or her e-mail address and password. The Customer’s financial data are managed directly by PayPal and are not shared with Meliconi.
7.7) If the order is cancelled or is not accepted by Meliconi, the amount is reimbursed by Meliconi to the Customer’s PayPal account. Meliconi may not be held liable for any delays and/or damage caused at the reimbursement stage.
7.8) Payment by immediate MyBank transfer This is a secure method of making online bank transfers using your bank’s home banking service. MyBank creates a direct online link between your bank current account and our bank, without the need to request and store personal data. Your digital identity and sensitive data are thus always protected. The immediate authorisation of payments reduces the risk of fraud and double charges. Thanks to MyBank, transactions are made online in real time, unlike traditional bank transfers, which require 24/48 hours for confirmation of the amount credited. When you access this payment, you will be shown a list of banks that offer this service.
7.9) Advance bank transfer
Payment may be made by advance bank transfer.
The Customer receives an e-mail with the exact amount to be paid and all the necessary data to make the transfer.
The amount requested is always exclusively for payment of the products effectively available.
For this reason, payment must not be made before instructions have been received from our customer service.
The receipt of the bank transfer must be sent by fax to +39051 6008220 or by e-mail to firstname.lastname@example.org to avoid a payment reminder being sent and to prevent delays in crediting the amount causing the cancellation of the order. The order will be considered cancelled if the bank transfer receipt is not received within 7 working days. Goods will not be sent until the amount has been credited.
8) The information provided by the Customer when the order was placed will be used in the invoice. Once the invoice has been issued, no details may be changed.
9) The Customer shall be responsible for the shipping costs, as indicated in the order receipt notification. Payment of the goods by the Customer shall be made using the method selected at the time of the order.
10) For delivery of the goods, the Customer or a representative must be present at the address indicated in the order. On delivery of the goods by the courier, the Customer must check: > that the number of packages corresponds to the number indicated on the delivery note > that the packaging is not damaged, wet or in any way altered, including the closing materials (adhesive tape or plastic bands). Any damage to the packaging and/or product or the non-correspondence of the number of packages or of the indications must be immediately questioned, noting a specific reservation on the courier's delivery receipt. Once the courier's document has been signed, the Customer may not make any objection relative to the exterior characteristics of the delivered goods.
11) Notwithstanding the deadline of thirty days from receipt of the order, the time indicated for delivery of the goods must be considered as indicative. The courier will not give the Customer advance notification of delivery by phone.
12) If the Customer is absent at the time of delivery, the courier will call again or contact the Customer by phone to agree a delivery time within the next 24 hours. If delivery is still not possible, Meliconi will attempt to contact the Customer to define and if necessary resolve the reasons for the non-delivery. If the goods cannot be delivered, the order will be cancelled. Meliconi will inform the Customer of the order cancellation by e-mail. Any amount already paid by the Customer will be refunded after deduction of the costs incurred for attempted delivery.
13) If Meliconi is unable to deliver the order for any reason, even temporary, it will promptly inform the Customer by e-mail. Any amount already paid by the Customer will be refunded as soon as possible and in any case no later than thirty days from receipt of the purchase order.
14) Meliconi shall deliver the products ordered by the Customer, by means of a courier, to the address indicated by the Customer at the time of the order, within the indicative time of 48 hours from acceptance of the order. Delivery is generally made within 5 working days in Italy and within 10 working days in other countries.
15) Courier delivery times shall be Monday to Friday from 9.00 to 17.00. Orders received on Saturday and Sunday shall be processed on the following Monday; orders received on holidays shall be processed on the next working day. In all cases, delivery times are merely indicative and not binding.
16) The courier is responsible for delivery. Meliconi undertakes to collect any reports of delayed or non-delivery of products and, if necessary, to assist the Customer to safeguard his/her legal rights.
17) The courier is responsible for delivery. Meliconi undertakes to collect any reports of delayed or non-delivery of products and, if necessary, to assist the Customer to safeguard his/her legal rights.
18) The products purchased on-line can be delivered throughout Italy, including the islands, and in all foreign countries included in the list indicated on the site. For shipment to San Marino, the Vatican City, Campione d'Italia and Livigno the recipient of the goods is responsible for the payment of the taxes and customs duty foreseen by the regulations in force in the relative area of delivery.
19) In accordance with art. 64 Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a private individual purchasing goods for purposes not related to his/her professional activity, or does not indicate a VAT number on the order form), then the customer has the right to cancel the contract without the need to provide any explanation and without any penalty, notwithstanding what is indicated in the subsequent points 20, 21 and 22.
20) To exercise the right of cancellation, the Customer must inform Meliconi of this decision within 14 working days of receipt of the goods. This communication must be sent by registered letter with return receipt, addressed to: Meliconi S.p.A.,Via Minghetti 10, 40057 Cadriano di Granarolo Emilia (BO). On receipt of the cancellation notice, Meliconi shall inform the Customer - by e-mail - of the address to which the goods must be returned within 10 working days by courier and the return authorisation number to be indicated on the courier's shipping documents.
21) The Customer must ship the product carefully packaged in its original packaging, avoiding damage by adhesive labels, etc., and complete with everything originally contained, to the address indicated by Meliconi. The shipping costs for return of the goods are the Customer's responsibility. Until received by Meliconi,the shipment is at the responsibility and risk of the Customer. On receipt of the goods, Meliconi shall check the completeness and refund the price paid by the Customer, apart from the shipping costs. The refund will be made by bank transfer to the current account indicated by the Customer or re-credited to the credit card within fourteen days of receipt of the returned goods. If payment was made by the Customer through the PayPal ® system, the refund will be made in accordance with the regulations foreseen by the PayPal ® service.
22) The right of cancellation is forfeit if the returned goods are not complete, and by way of example in the event of: > absence of the original outer and/or inner packaging; > absence of items supplied with the product (accessories, cables, manuals, etc.); > damage to the product for reasons other than its transport; > abnormal condition of the product. In the event of forfeit of the Customer's right of cancellation, Meliconi will return the product to the Customer, charging the shipping costs to the Customer.
23) All products sold by Meliconi are covered by the standard manufacturer's guarantee and for a Customer who is a consumer (i.e. a private individual purchasing goods for purposes not related to his/her professional activity or who does not indicate a VAT number on the order form) also by the legal guarantee for defects or non-compliance, as per articles 128-135 Legislative Decree no. 206/2005. To make use of the after-sales service under guarantee, the Customer must keep the invoice.
24) The legal guarantee in favour of the consumer Customer covers defects or non-compliance existing at the time of delivery of the goods, which appear within two years of delivery of the goods. The defect or non-compliance must be communicated, under penalty of forfeiture, within two months of the date on which the consumer discovered the defect. On receipt of the communication, Meliconi will contact the Customer and inform him/her of the return procedure. Meliconi will send its courier to collect the product without any additional cost to the Customer. The product must be returned by the Customer, if possible in its original packaging, complete in all its parts (including any documentation and accessories: manuals, cables, etc.). The use of adhesive labels or tape applied directly on the original packaging of the product must be avoided in all cases. Once the product returned by the Customer has been checked, Meliconi will replace or repair it and send it to the Customer, notwithstanding the provisions of art. 130 Legislative Decree no. 206/2005.
25) Meliconi is not responsible for the work of third parties who, as independent agents, are involved in the handling or implementation of the payment operations, delivery of the goods and in any other operation connected with the performance of contracts concluded through the site http://www.meliconi.com
26) The personal data required during placing of the order are collected and processed for the purpose of satisfying the express requests of the Customer and will not in any case or for any reason be given to third parties. Meliconi guarantees its customers full respect of the regulations regarding the handling of personal data, regulated by the privacy code as per Legislative Decree196 dated 30.06.03. Data processing holder: Meliconi S.p.A., Via Minghetti 10, 40057 Cadriano di Granarolo Emilia (BO).
27) Any complaints by the Customer must be sent in writing to Meliconi at Meliconi S.p.A. via Minghetti 10, 40057 Cadriano di Granarolo Emilia (BO).
28) The sales contract between the Customer and Meliconi shall be intended as concluded in Italy and regulated by Italian law. Any civil or penal disputes arising from the conclusion of this on-line sales contract shall be referred to the Court in the city where the customer resides if the Customer is a private consumer; all other cases will be dealt with by the Court of Bologna.