1.1 These terms and conditions of online sale (hereinafter "GCS") governing the contract (hereinafter the "AGREEMENT") for the sale of products (hereinafter the "PRODUCT" or the "PRODUCTS") offered at Grendene Italy Srl - Headquartered in Via Vincenzo Forcella n. 13, 20144 Milano. CF / Partita IVA 08362280961 (hereinafter "Grendene Italy") - through its website ShopMelissa.eu (hereinafter the "SITE") to users of the SITE (hereinafter the "CUSTOMER" or "CUSTOMER").
2. EFFECTIVENESS AND MODIFICATION OF THE GCS
2.1 The GTC apply to the sale of PRODUCTS are those published on the SITE on the date of the order for the PRODUCTS. The CUSTOMER, therefore, will have to check the GTC applicable at the time of purchase.
2.2 Some marketing campaigns, according to the specificity of the products, may be subject to special terms and conditions in addition to the GCS. These special conditions are always included and accessible in the "description" of each product through a link. The customer will necessarily accept these special conditions at the time of purchase of these specific sales campaigns, in addition to the sale GTS.
2.3 The mere tolerance or failure to object to Grendene Italy of any of the CUSTOMER breaches with respect to the contents of the GTS can not be interpreted as tacit acceptance of such defaults, or as a desire to deviate from what was agreed between the parties.
2.4 The AGREEMENT is regulated in every aspect exclusively from the GTS from time to time applicable.
3. PROCEDURE OF SALE
3.1 The selection of the presented on the SITE PRODUCTS is subject to their actual availability.
3.2 The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must manifest this desire through a request made directly on SITE, the specially dedicated section, where, following the procedures described above, send your purchase order and make payment. The reported data for the payment will be communicated to (and used by) Grendene Italy.
The technical steps for the conclusion of the Agreement are as follows:
- CUSTOMER must register at SITE, communicating your email address and a password of your choice, who will become the credentials to access the SITE.
- The CUSTOMER registered can access the pages of each product online, where it can view and learn about the offers of the PRODUCTS, their duration, including the essential features of the PRODUCT, and price; You will also display photographs of the PRODUCT, published for the sole purpose of illustrating the PRODUCT itself.
- Within each page, the customer can choose to buy PRODUCT that will automatically enter in the "shopping cart", where you can learn - before purchase and payment - the shipping costs and expected delivery times.
- To confirm the order, the CUSTOMER, in the "basket", will have to enter the address of shipment and any other relevant information to the payment, including details of the credit card (or PayPal account); such data can still be modified until an final order is carried out using "click" on the appropriate "buy button."
Payment can be made by credit card (or "PayPal" system). The charge will be done within 12 hours after sending by the CUSTOMER of the order confirmation.
3.3 The CONTRACT shall be deemed concluded at the time of receipt by Grendene Italy payment of the consideration. Once we receive your payment, Grendene Italy will send by email to the CUSTOMER confirmation of the order. The CONTRACT however be considered solved if the PRODUCT is not available, in compliance to art. 4.3.
3.4 In the case of multiple orders, shall be deemed entered into as many as the ordered PRODUCTS contracts. The effectiveness of each instrument is subject to the actual availability of the Product, as specified in art. 3.3 and in art. 4.3.
3.5 The essential characteristics of the PRODUCTS, including the duration of the offer, the price including VAT and delivery costs, are viewable and knowable by the CUSTOMER in time prior to the conclusion of the CONTRACT and making the payment. In particular, the essential characteristics of the PRODUCTS can be visualized entering into the SITE section where Grendene Italy, in addition to the description and characteristics of the PRODUCT, publish, if possible, photographs to the sole purpose of representing the PRODUCT.
3.6 Grendene Italy does not charge any fee or impose any charges for access to the SITE. The costs incurred by the CUSTOMER are solely those of surfing the Internet, as well as agreed upon by the CLIENT and his ISP, remaining Grendene Italy entirely foreign to this report.
3.7 Upon receipt of the purchase order, Grendene Italy will send to the CUSTOMER the receipt of the order, in English, containing a summary of the content of the information relating to the sale and will proceed to execute the order of purchase, subject as provided for in art. 4.2.
4. RIGHTS AND OBLIGATIONS OF GRENDENE ITALY
4.1 Delivery of the PRODUCTS: Grendene Italy, except as provided in Art. 4.3, agrees to deliver the PRODUCTS to the address given by the CUSTOMER in the purchase order, for by the carrier responsible for their transport. Grendene Italy can not be held responsible for errors in delivery due to inaccuracy or incompleteness in filling in the purchase order by the CUSTOMER.
4.2 Grendene Italy performs deliveries in 28 countries of European Union. Delivery is made by courier; addresses are not considered valid for the purposes of delivery to PO Boxes. If the customer wishes to make a purchase via the WEBSITE from abroad, will be announcing a delivery address in Italy. Delivery is made by courier; addresses are not considered valid for the purposes of delivery to PO Boxes.
4.3 Delivery of the Products takes place within the time specified in the order confirmation, but not later than 30 days after the conclusion of the contract. The delivery costs are normally charged to the CUSTOMER, and are specified at the same before it decides whether to actually purchase or not.
4.4 Unavailability of PRODUCTS: Grendene Italy will communicate to the Client within 20 days of purchase to the email address associated with your profile, the possible unavailability of one or more of the purchased Products. In this case, the CONTRACT will be resolved and will Grendene Italy, the repayment (on the price of payment card or PayPal account indicated by it for purchase) and shipping costs (if the purchase has not covered the only PRODUCT available or, in the case of multiple orders, limited to shipping costs specifically related to the PRODUCT or unavailable PRODUCTS). In case of multiple orders, the unavailability of one or more of the PRODUCTS ordered will not attribute any case the CUSTOMER the right to cancel the entire order.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to Grendene Italy and requested by the latter via the WEBSITE, and you agree to promptly notify any changes of data entered.
5.2 The CUSTOMER, at the time of the purchase order confirmation states:
a) you have read, understood and accepted the GCS;
b) to authorize Grendene Italy to the processing of personal data submitted at the time of purchase, and to convey to Italy Grendene (with processed under Article. 3) the personal data necessary to process the payment as indicated above.
5.3 Payments: In the case of payment by credit card, the CLIENT undertakes, if so requested by Grendene Italy, within 24 hours to send copy of the identity document showing the actual ownership of the credit card used, it being understood that, in sending lack requested, Grendene Italy will refuse payment and cancel the order. The purchase receipt corresponding to the order will be displayed on the SITE and can be printed.
5.4 Delivery of the PRODUCTS: Upon delivery of the PRODUCTS to the CUSTOMER by the carrier for their transport, the CUSTOMER must check the presence of the carrier:
a) the amount and type of PRODUCTS ordered the same as indicated in the transport document;
b) that the packaging used for transportation is intact, not damaged or otherwise altered, even in the closing materials;
c) the amount and type of delivered PRODUCTS corresponds to order.
Any anomalies or discrepancies must be made immediately to the carrier upon receipt of the PRODUCTS by their indication in the delivery note.
5.5 Support: If you need additional assistance or complaints regarding the PRODUCTS CUSTOMER must contact Grendene Italy at the addresses indicated in paragraph 11 of the GCS.
6.1 Warranty: Grendene Italy will pay, in relation to the PRODUCTS, the legal guarantee of compliance with the terms and conditions set out in Articles. 128 et seq. of Legislative Decree no. 206/2005 (Consumer Code). In particular, in case of lack of conformity, the CUSTOMER shall be entitled to obtain a refund of the price of postage.
6.2 The rights arising from the legal guarantee of conformity may be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in accordance with the intended use and as provided in the instructions enclosed, as well as on presentation by the CUSTOMER of the delivery note and the indication of the order number. The costs related to the return of PRODUCTS due to the exercise of the guarantee will be borne by Grendene Italy.
6.3 The legal guarantee of conformity is applicable not only for the defects resulting from normal use of the PRODUCT.
7.1 The CUSTOMER has the right to terminate the AGREEMENT, without penalty and without giving any reason, from receipt of the order confirmation sent by Grendene Italy and no later than fourteen days from the receipt of the address indicated PRODUCT for the delivery. In the case of orders consisting of more PRODUCTS, PRODUCTS or consist of multiple lots or pieces, the above term will run from the receipt of the last of the PRODUCTS or of the lots. Full proof of receipt the date printed on the delivery note.
7.2 The CUSTOMER may exercise the right of withdrawal by the appropriate procedure available on the WEBSITE.
7.3 To use Product has already been delivered, the CUSTOMER is obliged to return to Italy Grendene. To this end:
- The substantial integrity of the PRODUCT to be returned is an essential condition for exercising the right of withdrawal: will not be made corrupt accepted, but only those kept in optimal condition;
- The cost of returning the goods to Italy Grendene are charged to the CUSTOMER, who must send the PRODUCT duly wrapped and packaged; The Client will have to put in the copy of the delivery document the packing carton.
7.4 If the customer exercises his right of withdrawal in accordance with the provisions of the GTCS, Grendene Italy will reimburse the sums paid by the CUSTOMER on the payment card or Pay Pal account indicated by it for purchase. Refund will be made free of charge, within 14 days from the date on which Italy Grendene has learned about the right of withdrawal by the CUSTOMER.
7.5 In the event that the CUSTOMER has chosen a more expensive method of delivery than that offered by standard Grendene Italy (as indicated in the single campaign), Grendene Italy will be obliged to refund only the cost of standard shipping service, and not of ' additional charge.
8. SITE USE
8.1 Description and visualization PRODUCTS: Photographs and video presentation of a descriptive information kit PRODUCTS are published on the SITE to descriptive title, provided that the quality of the images (eg. In terms of the exact color display) can depend from software and IT tools used by the CUSTOMER at the time of connection to the SITE.
8.2 Malfunctions: Grendene Italy does not assume any responsibility for the problems caused to the CUSTOMER the use of the SITE and the technologies employed as independent of their will, such as, but not limited to:
a) any errors, delays or impossibility in accessing the SITE by the CLIENT for the execution of the sale procedure;
b) errors, delays or impossibility in the receipt by the CUSTOMER, communications sent by Grendene Italy in connection with the sale of the PRODUCTS.
9. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 Grendene Italy informs that the SITE, its presentation, as well as all trademarks and brands used by Grendene Italy in connection with the sale of the PRODUCTS are protected by intellectual and industrial property rights in the hands of their respective owners, and in relation to they the CUSTOMER does not acquire any right, following the conclusion of the CONTRACT. It is therefore prohibited any form of reproduction, communication, distribution, publication, alteration or transformation, in any manner and for any purpose they occur, the SITE content, trademarks and logos used by Grendene Italy (such as, for example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functionality and design of the SITE).
10. DATA PROTECTION
10.1 Grendene Italy is the holder of personal data collected at the time of registration to the site, as well as those subsequently submitted at the time by the CUSTOMER.
10.2 For information relating to the processing of personal data, including the rights of art. 7 of Legislative Decree no. 196/03, please refer to the information already provided detailed at the time of registration to the site and there always available.
11.1 For any communication you can contact Grendene Italy at the following addresses:
GRENDENE ITALY S.R.L. SINGLE MEMBER - CF 08362280961,
Via Vincenzo Forcella 13
11.2 It should be noted, however, that the communications sent by the customer will never integrate the CONTRACT, that will always be governed by the GCS and, where applicable, the special conditions applicable to specific sales campaigns.
12. GOVERNING LAW
12.1 The law applicable to the sale of the PRODUCTS is Italian. Apply, in particular, the provisions of Chapter I of Title III of Part III of the Consumer Code (Legislative Decree no. 206/2005).
12.2 The invalidity of individual clauses of the CONTRACT or the GTC does not imply the invalidity of the entire CONTRACT or GCS.
12.3 There is no prejudice to the application to consumer user who do not have their habitual residence in Italy of the provisions would be more favorable and mandatory provided by law of the country where they have their habitual residence, in particular regarding the deadline for exercising the right withdrawal, the return of Products, in case of this right, the same procedures and formalities of communication and in the legal guarantee of conformity.
12.4 Note that in case of user consumer, to any dispute concerning the application, implementation and interpretation of the Sales Terms shall be competent of the local forum in which the user resides or is domiciled.
12.5 User who is resident in an EU member state different from Italy, can access to any dispute concerning the application, implementation and interpretation of Sales Term, the European procedure established for disputes modest, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.