These general conditions of sale ("terms and conditions") shall be in compliance with the provisions of the civil code, Legislative Decree No. 70 of 09.04.2003 concerning information society services and trade electronic and Legislative Decree n. 206 of 06.09.2005 (consumer code), and, in particular, chapter I of title III of part III (articles 45 to 67), and regulate the offer and sale of products via the website www.mefuarshop.it (hereinafter the website).
The products sold on the site (hereinafter products, even in the declination in the singular) are sold by Mefuar17 S.r.l., with registered office in Corso Umberto I, 130-80030 Mariglianella-Italy and headquarters in Via pigno 5-80049-Seattle, the owner of the site.
1. scope of application
1.1 The general terms and conditions apply and govern all sales contracts concluded through the site mefuarshop.it, as identified above, following "the seller".
1.2 The General conditions are subject to change at any time; each user is therefore obliged to consult these before proceeding with every purchase.
1.3 In any case, each sale will apply the version of the general terms and conditions in force at the date of posting the purchase order.
1.4 The general terms and conditions apply regardless of nationality, provided that delivery must take place in one of the countries for which the site provides online sales service, as specified in paragraph 2, and that Ukraine matches that of the country of registration of the user.
2. SHIPPING COUNTRIES2.1 The purchase of products through the site is now possible if the shipment should take place in the following countries:
Albania Austria, Australia, Andorra, Antigua and BarbudaArgentina BahamasBahrain Barbados, Belgium, Bermuda, Belarus, Bolivia, Bosnia And Herzegovina, Bulgaria, Brazil, Brunei, Canada, Chile, China, Cyprus, Colombia, South Korea, Denmark, United Arab Emirates, Estonia, Philippines, Finland, France, Germany, Japan, Greece, Indonesia, IrelandIceland India, Italy, Latvia, Liechtenstein, Lithuania, LuxembourgMalaysia, Malta, Mexico, Moldova, Monaco, Montenegro, Norway, Holland, Netherlands, Paraguay, Czech Republic, Poland, Portugal, United Kingdom, Peru, Republic of Macedonia, Romania, American Samoa, Slovakia, Slovenia, Spain, United States, Sweden, Switzerland, Turkey, Ukraine, Hungary, Uruguay, Venezuela.
2.2 The seller reserves the right to expand or narrow down the list of countries referred to in point 2.1.
2.3 Delivery is expected also in the Republic of San Marino and the Vatican State.
3. PURCHASES in store-RESTRICTION
3.1 Purchasing products on the site are reserved exclusively to natural persons acting as consumers and that they are more than eighteen years.
3.2 Consumer shall mean any natural person who is acting for purposes which are outside his trade, business, craft and profession.
3.3 The purchase made through the site implies full knowledge and user acceptance, without reservation, of the General conditions.
4. INFORMATION AIMED AT CONCLUSION of the CONTRACT
4.1 To buy online the user must complete the appropriate login form presented on the site.
4.2 It is forbidden for the user to insert data, in whole or in part, that is not true; the personal details and the email must be communicated and collateral, and not from third parties and/or fantasy.
4.3 The user, by completing the login form, certify, under their sole responsibility:
i. the accuracy and veracity of data required for the activation of the service;
II. you are at least 18 years of age;
III. to act as the consumer.
4.4 Once you have completed the login form, the user will have to fill in an electronic order form from the vendor and send it via computer, following the instructions.
4.5 As required by law, before confirming the order, the Seller will provide the user with all the information referred to in art. 49 of the code of consumption; information about the right of withdrawal, in particular, is provided through the model instructions on right of withdrawal referred to in annex I part A provisions of art. 1 paragraph 1 of Legislative Decree No. 21 of 21.02.2014.
4.6 As provided for by art. 51 paragraph 3 of legislative decree 206/2005, the intended function of the placing of the order shows the clarification "order with obligation to pay".
4.7 To perfect each order you are required to confirm the economic transaction concerning the purchase price of the products placed in the shopping cart; to this end, at the end of the procedure of product selection and confirmation of your data, the site will redirect the latter to the page of the Bank that manages the economic transaction.
4.8 Orders that do not record the corresponding economic transaction shall be cancelled automatically.
4.9 Once you have received confirmation of the validity of the means of payment specified in the order and confirmation of the same, the seller will send you, by email, to the email address supplied at login, a written confirmation of the order, as provided for by art. 51 paragraph 7 of the Legislative Decree 206/2005.
4.10 Offering products through the site constitutes an offer to the public pursuant to art. 1336 cc; compile and correct placing of an order through the website implies, therefore, acceptance of that offer. Therefore, the contract is considered concluded at the moment when the seller has knowledge of the user's acceptance, formalized through the order form above.
4.11 The seller, however, reserves the right not to accept your order in the event of non-payment by credit card authorization by its Manager.
4.12 The user may at any time, to monitor the status of your order by contacting Customer Service through thespecial section.
4.13 In any case, the user is obliged always to keep the order number communicated by seller, said to be shown in any communication with the seller.
4.14 The language available to conclude a contract of sale through the site is the Italian or English.
4.15 You agree, once the online purchase process, to ensure the maintenance of conditions which, however, has already seen and accepted, as a necessary step in the purchase process.
4.16 In the case of non-acceptance, the seller shall give timely notice to the user by email.
5. CHOICE and availability of products
5.1 The product catalog can be periodically updated by the seller, which, therefore, makes no guarantee as to how long a product available online; under no circumstances will the seller guarantees the availability of all sizes/versions for each article/color present in the catalogue.
5.2 In the catalog of products, each product must be accompanied by a description that explains the main characteristics; the images and colors of products present in the descriptions may not closely correspond to real ones, as a result of informartici systems or equipment settings that you use for displaying the Site. The images published, therefore, are to be considered indicative and are without prejudice to the Normal tolerances.
5.3 Where, although selectable via order form, the product chosen is not available, the seller shall promptly notify the user by e-mail, with the termination of the contract of sale, and the consequent reimbursement of the price, inclusive of shipping costs, if applied, if already paid.
6. prices, CONDITIONS of PURCHASE and payment
6.1 Selling prices are those published online upon completion of order and are inclusive of VAT, where applicable by reason of the products ' country of dispatch; prices are in euros.
6.2 The price listed in the online catalog may be subject to change without notice. Is the user's burden, therefore, make the final price before placing the purchase order.
6.3 The seller also reserves the right to apply different prices depending on the country of delivery.
6.4 Payment for products may be made only in the following ways:
-credit card (Visa, Mastercard, American Express);
-Pay at the store.
7. DELIVERY TERMS, fees and OTHER CHARGES
7.1 The products are delivered via couriers, directly to you, to the delivery address specified by them when ordering.
7.2 The site allows you to request delivery to an address other than the user's own, provided that this is understood in your country of residence specified in the original login; in any case, it is the user's burden indicate all necessary references to successful delivery (for example, if the third party address, specify the name on the buzzer/intercom which make delivery).
7.3 The costs and types of shipment required may vary depending on the country and the delivery method chosen by the user, such as by table available on the site.
7.4 Fees and any additional costs are borne by the user. Its amount will be expressly and separately shown in the order summary, before you proceed to the transmission thereof, and in the order confirmation email under art. 4.
7.5 Upon delivery of the products to the carrier, you will receive a confirmation notice from the seller by email, which will expressly indicate the name of the courier and shipping details.
7.6 Delivery times vary depending on the country of destination and the shipping method chosen.
7.7 In Italy the delivery is expected within three days; in countries other than Italy delivery times vary depending on the shipping method chosen from among those available, and are shown in section dedicated available on the site.
7.8 Not all shipping methods provided by couriers have an agreement with the seller are available for all countries in which you can buy online products.
7.9 Both in Italy and abroad, the delivery procedure provides that, in the absence of the recipient when they log carrier, the Commissioner will leave a notice, so as to improve later the expedition, which will include the contact details to be contacted to arrange the second delivery.
7.10 The user always has the possibility to check the status of your order by contacting Customer Service through thespecial section.
7.11 Product delivery is considered complete when the consumer, or the third party designated by him and other than the carrier, enters materially in the possession of the goods; by that time, as required by law, the risk of loss or damage to the products for reasons not attributable to the seller, he moved to the user.
8. User's obligations on DELIVERY
8.1 You acknowledge that the withdrawal of products is an obligation arising from the contract of sale concluded with the seller.
8.2 In case of non-delivery to the recipient is absent during the trial laid down procedure applied by the carrier, the package will remain in stock.
8.3 If, within the time specified by the carrier in the warning left to the user, the package is not withdrawn, said it will be returned to the seller.
8.4 In the case referred to in point 8.3, the contract shall be deemed cancelled in accordance with art. 1456 cc, with simple seller's communication sent by email to the user, and, therefore, the order in effect will be cancelled. Within 15 days of the notification referred to above, the seller will then refund the total amount paid by you for the products, minus the expenses of shipment has not been successful, the cost of returning the products to Seller and any other expenses that the seller has incurred due to non-delivery depended on the absence or inaction of user in compliance with the obligation to take delivery.
8.5 Refund due under article. 8.4 is credited to the same payment method used by you.
8.6 Following the communication referred to in point 8.4, users who intend to take delivery of the products will have to proceed with a new order.
8.7 The vendor reserves the right to reject orders from people against whom the seller has previously cited the termination clause referred to in point 8.4. for failure to comply with the obligation to take delivery of the products.
8.8 At the time of receipt of the products, the customer must verify the conformity in relation to the order, paying particular attention to:
-the number of packages found on a letter from the carrier to the number of packages actually delivered;
-the packaging is intact and not damaged, nor tampered with.
Any anomalies (such as tampering, damage to packaging) must be specifically indicated in writing directly on the shipping document courier, and requires you to refuse delivery. At the same time, the user will be required to report the fact to the seller's customer service, through thespecial section.
8.9 We encourage you, therefore, to sign the transport document only after the verifications referred to in article 8.8.
8.10 If you do not proceed in accordance with points above, and, therefore, accept delivery of the goods even in the case of damaged or tampered with, the user will be lost from the legal guarantee of conformity of the products.
9. RIGHT of WITHDRAWAL
9.1 You, as a consumer, has the right to terminate the contract of sale of the products, as established by art. 52 of legislative decree 206/2005 (consumers ' code), without any explanation whatsoever and without penalty.
9.2 The user may exercise the withdrawal within 14 days from the moment the user or third party other than the carrier and indicated by the user, will acquire physical possession of the goods.
9.3 In case of multiple goods ordered with one order and delivered separately, the time limit provided for in art. 9.2 shall run from the day on which the user or third party other than the carrier and indicated by the user, will acquire physical possession of the last well.
9.4 In case of delivery of goods consisting of multiple lots or pieces, the time limit provided for in art. 9.2 shall run from the day on which the user or third party other than the carrier and indicated by the user, will acquire physical possession of the last lot or piece.
9.5 Before the expiry of the period mentioned in art. 9.1, you will inform the vendor of his decision to exercise the right of withdrawal from the contract. To this end, the user will be able to:
i. use the model withdrawal form, prepared in accordance with Annex I part B to the consumer code, which was released before the conclusion of the contract, as provided for by art. 49 paragraph 1 letter h) of the said code, which is introduced to the seller any explicit statement of its decision to withdraw from the contract, and send them to the middle. mail, or by fax or by e-mail, using the already mentioned in the instructions on the right of withdrawal is received before you order.
II. complete and submit electronically the model withdrawal form or any other declarations, on site, by accessing the following link; If you choose this option, the seller will send you a confirmation of receipt of such a withdrawal without delay on a durable medium (e.g. by e-mail), as provided for by art. 54 paragraph 3 of the consumer code.
9.6 The withdrawal period shall be deemed to have been complied with the dispatch of the cancellation notice before the expiration of the withdrawal period, as determined above.
9.7 In the notice of withdrawal, the user must specify the products for which it intends to exercise the withdrawal.
9.8 On receipt of the notice of withdrawal, if timely, the seller will refund the user all payments received, inclusive of delivery charges, excluding additional costs if you have expressly opted for a different type of delivery the type of standard delivery offered by the seller, without delay and in any event within 14 days from the day on which he is informed of the decision to terminate the contract; the refund will be made using the same payment method used by you for sale in relation to which the withdrawal was exercised.
9.9 The seller shall be entitled to withhold the reimbursement until he received the products or until the user has demonstrated that they return us the goods, whichever situation occurs first.
9.10 The user, once exercised the withdrawal must return products without undue delay and in any event within 14 days of the date on which informed the Seller of its decision to withdraw from the contract by returning the above to the following address, already type on the right of withdrawal instructions in annex I part A provisions of art. 1 paragraph 1 of Legislative Decree No. 21 of 21.02.2014:
Via Pigno 5
80049 Somma Vesuviana (NA)
9.11 Direct costs for returning the products shall be borne by the user exercising the recess.
9.12 Only for purposes of compliance with term for restitution, the products are shipped at the time they are delivered to the post office or to your shipping agent.
9.13 Products must be returned in the original packaging in which they were received, including any collateral documents such as tags, labels, seals, etc..
9.14 For returning the product, the user can use the snail mail or a carrier of your choice.
9.15 All risks of loss or damage to the products during shipping to the seller for the return are borne by the user.
9.16 As provided for by art. 57 paragraph 2 of the consumer code, the user will be responsible for the decline in the value of the returned products resulting from the handling of these other than what is necessary to determine the nature, characteristics and functioning.
9.17 If, on receipt of the delivery of the return, the seller notice a decrease in the value of the goods attributable to the user, the seller shall be entitled to offset the amount corresponding to the predicted decrease in value with the amount to be refund to you due to the withdrawal; in that case, the seller will notify to the customer within 14 days of receipt of the return.
10. LEGAL GUARANTEE of CONFORMITY
10.1 All products sold through the site have a legal guarantee of conformity established by articles 128 et seq of the consumer code, applicable in any event only to the consumer.
10.2 By law, the seller is obliged to deliver goods in conformity with the contract of sale to the user.
10.3 The seller shall be liable to the user for any lack of conformity existing at the time of delivery of these products, which become apparent within two years from delivery.
10.4 To benefit from the guarantee, the user must inform the seller of the lack of conformity within two months from the discovery, under penalty of forfeiture, by contacting customer service through thespecial section; that complaint must contain an accurate description of faults/vices.
10.5 The customer service there is the communication of the user, giving him instructions for shipping the defective product which materializes at seller's expense.
10.6 The seller shall have the right to require you to attach to the product for which intends to make a warranty claim the purchase invoice or other proof of the date of completion of the sale.
10.7 If active, the legal guarantee of conformity entitles you to a full refund.
10.8 You are entitled to apply to have his choice, an appropriate reduction of the price or termination of the contract of sale.
10.9 In no event shall a minor non-conformity entitles the termination of the contract.
10.10 Are excluded from conformity defects and, therefore, from the statutory warranty any defects or damages caused by accidental or facts from your responsibility or use of products not conforming to its intended use, or normal wear and tear.
11.1 User data is processed in compliance with Legislative Decree 196/2003 (privacy code), as indicated in theinformation on the processing of personal data surrender to the user at the time of filling out the login form.
12. customer service, complaints and communications
12.1 We suggest the following addresses to which you may be contacted for any further information or assistance or complaints:
P.zza Vittorio Emanuele III 11.12
80049 Somma Vesuviana (NA) Italy
Tel: + 39 0818992594
12.2 All communication that under the general terms and conditions are made by email will be sent to the address provided by the user during Login.
13. governing law and jurisdiction
13.1 The sales contract concluded in accordance with the general terms and conditions is governed by Italian law.
13.2 For any dispute arising from the interpretation of the General conditions and the performance of the contract concluded in accordance with the aforesaid shall be the Court of the place of residence or domicile of the user, to the extent you are consumer resident or resident in Italian territory. If the user is not resident or domiciled in Italian, for any dispute arising between the seller and the user in relation to the interpretation of the General conditions and the performance of the contract concluded under of the above, in the event of any action brought by the Seller, the latter will be able to choose between the Forum of Naples and the Forum of the place of residence or domicile of the user, alternatively with one another; in the case of action promoted by the user shall be submitted exclusively to the Court of Naples.
14. dispute resolution (ODR)
14.1 Please note that the European Commission provides a platform for extra-judicial dispute resolution, accessible on the site http://ec.europa.eu/odr