General conditions of sale.
The present general conditions of sale apply exclusively to the products marketed through Minnelea s.r.l., with registered office in Rome, via Tufo n. 8/C, registered at the Rome Register of Companies with p. vat 15381801008, share capital of 10.000,00 euro i.v. (MINNELEA) through the website www.minnelea.it. The Site offers a marketplace through which third parties (Vendors) to promote and/or sell their products. The products, therefore, are not sold directly by MINNELEA but by each individual Seller, depending on the case. On the basis of agreements between each Seller and MINNELEA, the user is obliged to pay the amount due for the purchase of products directly to the Seller.
The Site is the property of MINNELEA, who is also the holder of the domain name of the Site.
1. Scope of application
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (arts. 45 and successive) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 The present General Conditions of Sale apply to all sales made by Sellers on the Site.
1.3 The General Conditions of Sale may be changed at any time. Any changes and/or new conditions will be in force from the moment of their publication in the section "General Sales Conditions" of the Site. For this reason, users are encouraged to regularly access the Site and to consult, before making any purchase, the most current version of the General Conditions of Sale. The General Conditions of Sale applicable are those in force on the date of submission of the purchase order.
1.4 these General Conditions of Sale do not regulate the sale of products and/or the provision of services by persons other than the Vendors who are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these entities is necessary to check their conditions of sale. MINNELEA and the Sellers are not responsible for the provision of services and/or for the sale of products by such entities. On the websites accessed through these links MINNELEA does not perform any control and/or monitoring. MINNELEA is not responsible for the contents of such websites nor for any errors and/or omissions and/or violations of the law by the same.
2. Purchases on the Site
2.1 access to sales made through the Site is reserved exclusively to users who have reached the age of 18.
2.2 access to the offers on the Site is allowed only to users who are consumers, as defined in art. 3, co. 1, letter a) of Legislative Decree 206/2005 (Consumer Code), defined as those persons who, in relation to the purchase of Products, acts for purposes extraneous to the commercial, artisanal, entrepreneurial or professional activity eventually carried out.
2.3 may in no circumstances make purchases on the Site are the retailers or wholesalers or, in general, all persons who intend to purchase Products for the purpose of subsequent resale. It is, therefore, prohibited to such persons make purchases on the Site.
2.4 MINNELEA reserves the right to refuse or cancel orders that come (s) from a user with whom it is, or at least one of the Sellers has an ongoing legal dispute; (ii) by a user who has previously violated the present General Conditions of Sale and/or conditions and/or the terms of a purchase contract; (iii) by a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments; (iv) users who have given identification data that is false, incomplete or otherwise inaccurate or that have not sent promptly MINNELEA documents from the same requested on the basis of these General terms and Conditions of Sale or that have submitted invalid documents; (v) by users who do not give sufficient guarantees of solvency.
3. Registration to the Site
3.1 The purchase of Products on the Site, it is possible for both registered users, for non-registered users. The registration to the Site is free. To register for the Site the user must complete the registration form on this Site.
3.2 The registration credentials must be used only by the user and can not be sold to third parties. The user undertakes to keep them secret and to make sure that no one has access, as well as to inform without delay MINNELEA, by contacting them as indicated in art. 13, in case of suspicion of improper use and/or disclosure of the same. The user guarantees that the personal information provided during the registration process to the Site are complete and truthful. The user agrees to hold MINNELEA harmless from and against any damages, claims for damages and/or penalties arising from and/or in any way connected to the breach by the user of the rules on registration with the Site or on the conservation of registration credentials.
4. Information aimed at the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, MINNELEA informs the user on behalf of the Sellers that:
- to conclude the purchase contract of one or more Products on the Site, the user will have to fill out an order form in electronic format and send it to MINNELEA, electronically, following the instructions that appear from time to time on the Site and that accompany the different phases of the purchase;
- the contract is concluded when the order form is received by the server MINNELEA;
- once registered, the order form and received confirmation of authorization to payment of the total amount due, MINNELEA will send you, via e-mail to the e-mail address indicated in the confirmation of order, containing a summary of the General terms and Conditions of Sale and special terms and conditions applicable to the contract, the information related to the characteristics of the Product purchased, detailed indication of price, means of payment used, the information on the right of withdrawal, delivery costs and any additional costs, the duration of the contract, if applicable, as well as, in the case of contract renewal is automatic, the indication of the conditions to terminate the contract, and the Customer Service contacts, where the user can contact for assistance and/or complaints. It is recommended to keep the e-mail receipt as proof of purchase;
- the order form will be stored in the database of MINNELEA for the time necessary to execute the order and, anyway, in terms of the law. The user registered to the Site can check your order through your Profile. The user has not logged in to the Site may do so by contacting MINNELEA at the addresses indicated in art. 13.
5. Validity of prices
5.1 All prices are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"). The cost of shipping and any additional fee, inclusive of VAT and expressed in Euros (€), will be specifically and separately indicated in the order form, before the user proceeds to the transmission of the same, as well as the e-mail confirmation of the order. It is possible that some Products are sold in exemption of VAT, in this case, if he will give due information on the Site.
5.2 The price of the Products can be changed by the Seller at any time, without prior notice, provided that the price charged to the user will be published on the information sheet describes the main characteristics of the Product (Product sheet) at the time of submission of the order. No account will be taken of any change (increase or decrease) of price subsequent to the transmission of the order.
5.3 On the Site you may be offered Products for sale at discounted prices. The full price stated on the Website (Price Slashed) and with respect to which is calculated the discount that the Seller applies corresponds to the price list published on the Website, or from the price list to the public.
6. Purchase orders - Product Information
6.1 The Product will be shipped only after the Seller has received confirmation of the payment authorization of the total amount due, consisting of the purchase price, the delivery costs, if applied, and any other possible additional costs, as indicated in the order form (Total Amount Due). In the case where the Total Amount Due is not paid, or the good outcome of the payment is not confirmed, the purchase contract shall be understood, therefore, automatically terminated pursuant to and for the purposes of art. 1456 c.c..
6.2 The Products will become the property of the user only after the payment of the Total Amount Due. The risk of loss of or damage to the Products, for reasons not attributable to MINNELEA and/or to the Seller, instead, will be transferred to the user when the user, or a third party appointed by same, and different from the carrier, will enter materially into possession of the Products.
6.3 Each Product is accompanied by a Product Card. The images and descriptions on the Site, reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual effect of the settings of the computer systems, computers, or mobile devices (for example, mobile phones or smartphones, including the iPhone) used by the users for their display. The pictures of the Product present in the Product, furthermore, may differ in size or in connection with any products accessories. These images should therefore be understood as indicative and with tolerances. For the purposes of the purchase agreement will prevail to the description of the Product contained in the order form sent by the user.
7. The availability of the Products
7.1 the products offered on The Site are limited in number. It may happen, also because of the possibility that multiple users can simultaneously acquire the same Product, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, from Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail. The user will then be entitled to immediately terminate the contract, without prejudice to the right to compensation, pursuant to and for the effects as provided for by art. 61, IV and V) of the Code of Consumption. In the case where the user makes use of the right resolution pursuant to art. 61, IV, and V comma, Consumer Code, or in any case in which payment of the Total Amount Due has already taken place, the Seller shall, without prejudice to the right of user to compensation for damages, will the repayment of that amount without undue delay and, in any case, within a maximum period of 30 working days from the dispatch of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited on the same means of payment used by the user for the purchase. Any delay in crediting can depend on the bank, the type of credit card or payment solution used. In any case, the value date will be the same as that of the debit.
8. Delivery of the purchased Products
8.1 The products are delivered in Italy and in all the Countries of the EU.
8.2 The delivery is for a fee. The delivery costs are the responsibility of the user, unless otherwise indicated during the purchasing process and/or in other parts of the Site. The amount of the delivery charges owed by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchasing process, in the summary of the order and, in any case, before the user proceeds to the transmission of the same. The terms of delivery will be specifically indicated during the purchase procedure and in the summary of the order, and, in each case, before the user sends the order. In the case of omission of a specific term of delivery, it will be, in each case, within thirty days from the date of conclusion of the contract.
8.3 The obligation of delivery is fulfilled by the transfer of material availability or otherwise of the control of Products to the user.
It is up to the user to verify the condition of the Product that was presented to him/that he has retired. Notwithstanding that, the risk of loss of or damage to the Products, for reasons not attributable to MINNELEA and/or to the Seller is transferred to the user when the user, or a third party appointed by same, and different from the carrier, and enters materially into possession of the Product, the user is encouraged to verify the number of Products received and that the packaging is intact, not damaged, neither wet or however altered, also in closing materials and the it calls, on its behalf, to indicate on the transport document of the carrier, any anomalies, accepting the parcel with reserve. The reception without reserve of the Goods, in fact, does not allow the user to act in judgment against the carrier, in the case of loss or damage to the Products, except in the case where the loss or damage is due to intent or gross negligence of the courier himself and except for the partial loss or damage not recognizable at the time of delivery, provided that in the latter case the damage is denounced just met and no later than eight days after receipt. In the event that the package present evidence of tampering or alteration, it is also recommended to the user to notify immediately the Customer Service. It remains, in any case, the application of the rules on right of withdrawal and legal guarantee of conformity.
8.4 Products purchased on The Website will be sent and delivered to the address indicated by the user. The delivery will be made, unless otherwise stated on the Website, via courier from time to time responsible for shipping. The user acknowledges that the withdrawal of the Product is a clear obligation arising from the contract of purchase. In the event that the Product purchased is not delivered or is delayed respect to the terms of delivery indicated during the purchasing process and in the confirmation of order shall apply, as indicated by art. 61 of the Consumer Code.
9. Mode of Payment
9.1 payment can be made by credit card, bank transfer or through PayPal payment solution. In the case where one of these means/solutions, payment may not be used in relation to a specific Product, this will be clearly stated on the Website, no later than the beginning of the purchase procedure.
9.2 The invoice will be issued by the Seller at the request of the customer. For the issuance of the invoice will prevail on the information specifically provided by the user, that he declares and guarantees to be truthful, willing herself to keep MINNELEA and the Seller indemnified and held harmless from any damages, including sanctions issued by a competent authority, it may at the same result in the case of non-compliance of the same.
9.3 Payment by credit card
9.3.1 The payment of the Products can be made by credit card directly through the Site. The charge will be made only after (i) have been verified data of the credit card used by the user for the payment; and (ii) the issuer of the credit card used by the user will be granted the authorization to charge.
9.3.2 in order To ensure the security of payments made on the Website and prevent fraud, MINNELEA reserves the right to ask the user, via e-mail, to send, by the same means, a copy of the front/back of the identity card and, in the case where the holder of the order is different from the name on the card, the identity card of the latter. The document must be valid. In the e-mail request will specify the period within which the document must be sent to MINNELEA. This date will not be, in any case, more than 5 working days from the receipt of the request from the user. Waiting for the requested document, the order will be suspended. The user is obliged to send the required documents within the time specified.
9.3.3 in The event that MINNELEA does not receive these documents within the period specified in the e-mail request or receive documents expired or invalid, the contract with the Vendor will be rescinded pursuant to and for the purposes of art. 1456 c.c. and the order subsequently cancelled, except the right of Seller to compensation of any damage suffered. The resolution of the contract, to which the user will be notified via e-mail, within and not later than 5 working days from the expiry of the deadline for submission of the documents required by MINNELEA, will result in the cancellation of the order, with consequent refund of the Total Amount Due.
9.3.4 In the case of receipt by MINNELEA documentation is valid for the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms shall commence from the date of receipt of the same.
9.4 Payment by PayPal payment solution
9.4.1 the payment of The Products purchased on the Site can be made through PayPal payment solution. If you choose as a means of payment PayPal, he will be redirected to the site www.paypal.it where will the payment for the Products in accordance with the procedure provided for and regulated by PayPal and on the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be treated directly by the same and will not be passed on or shared with MINNELEA. This last one is not then able to know and does not store the data of the credit card linked to the PayPal account of the user or the data of any other payment instrument associated with this account.
9.4.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user contextually to the conclusion of the contract through the Site. In the event of termination of the purchase agreement and in any other case of refund, for any reason, the amount of the refund due to you will be credited to the PayPal account of the same. The time credit on the payment tool linked to this account depend exclusively on PayPal and the banking system. Once you have placed the order for accreditation in favor of such an account, MINNELEA will not be liable for any delay or failure in crediting to the user of the amount of the refund, to contest which the user will have to contact directly to PayPal.
9.5 Payment by bank transfer
9.5.1 The user can make the payments on the Site, also by bank transfer following the instructions on the Site.
10 Right of withdrawal
10.1 The user who is acting in the capacity of a consumer has the right to withdraw from the contract concluded with the Vendor, without incurring any costs other than those provided for in this article, and without specifying the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period will expire after 14 days:
(a) in the case of an order relating to a single Product, from the day the user or a third party other than the carrier and designated by you, acquires physical possession of the Product;
(b) in the case of a Multiple Order with deliveries separate, from the day the user or a third party other than the carrier and designated by you, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of batches or multiple parts, from the day the user or a third party other than the carrier and designated by you, acquires physical possession of the last lot or piece;
(d) in the case of a contract for services or digital content not supplied on a tangible medium, the day of the conclusion of the contract.
Minnelea informs the user that the right of withdrawal is excluded for perishable food products, in this sense, meaning the products that expire in a period of 14 days from the delivery to the user.
10.2. To exercise the right of withdrawal, the user must inform the Seller of his decision to withdraw, prior to the expiration of the Withdrawal Period.
10.3 To this end, the user can send a Declaration of Withdrawal to the following email: firstname.lastname@example.org.
10.4 In case of withdrawal, the return of the Product, the user can use a carrier of their choice: in this case, the user, after having exercised the right of withdrawal with the provisions of this article, shall return the Product to the Seller by using the carrier (at their own expense), without undue delay and in any case within the term of 14 calendar days from the date on which it communicated to MINNELEA his decision to withdraw. The deadline is met, if the user returns the Product before the expiry of the period of fourteen days. The Product, suitably protected and packed, must be sent to the address indicated in the form of single Seller on the Site. The direct costs of returning the Product to Seller are the responsibility of the user. The return of the Product to the Seller takes place under the responsibility of the user; the Product is returned in the moment in which it is delivered to the carrier.
10.5 If the user terminates the contract with the Seller, the latter shall proceed to refund the Total Amount paid by you for the Product, including delivery costs, if applicable, without undue delay and in any event not later than 14 calendar days from the day the Seller was informed of the decision of the user to withdraw from the contract; excluding related expenses of the return. The refund will be made using the same means of payment used by the user for the initial transaction; in any case, the user will not have to incur any costs as a result of such reimbursement.
The refund may be suspended until receipt of the Goods, or until the conclusion of the demonstration on the part of the user having sent back the Goods, if previous.
10.6 The user is liable for any diminished value of the goods resulting from the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must still be preserved, handled and inspected with ordinary care and returned undamaged, complete in all its parts, fully functional, with all accessories and leaflets, with identification tags, labels and disposable seal, if present, still attached to the Product intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. The withdrawal, moreover, is applied to the Product in its entirety. It cannot, therefore, be exercised in relation to parts and/or accessories (that do not constitute stand-alone Products) of the Product.
10.7 in The event that the withdrawal has not been exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the contract and, consequently, will not be entitled to any refund. MINNELEA shall give notice to the user within 5 working days from receipt of the Product, rejecting the request for withdrawal. The Product, if already received by Seller, shall remain with the Seller at the disposal of the user for the withdrawal which shall be at the expense and under the responsibility of the user.
10.8 In the case in which the Product for which it has been exercised in the withdrawal, has suffered a decrease of value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the amount of the refund shall be reduced by an amount equal to such decline in value. Of the condition and the resulting decreased amount of the refund, the Seller will notify the user within 5 working days from receipt of the Product by providing the same, in a case where the refund has already been paid, the bank coordinates for payment of the amount due by the user because of the decrease of the value of the Product.
10.9 In the case in which, using one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice on the Product information sheet and, in any case, during the purchasing process, before the user proceeds to the transmission of the order. Remember in each case to the user that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the case where the sale has to the object:
(i) products which are liable to deteriorate or expire rapidly;
(ii) sealed products which are not suitable to be returned for reasons of hygiene or related to the protection of the health, that have been opened after the delivery.
11. The Legal guarantee of Conformity
All of the Products sold on the Site are covered by the Legal Warranty of Conformity provided by art. 128-135 of Legislative Decree no. 128-135 of the Consumer Code (the Statutory Warranty). The Legal Warranty is reserved to consumers. It, therefore, finds application, only users who have purchased on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. To those who have purchased on the Site and that do not hold the quality of consumers, will be applied for the warranties for defects of the thing sold, the warranty for defect of quality promises and essential and the other guarantees provided for by the civil code with its terms, lapse and limitations. The Legal Guarantee is provided by the Seller, and in no case by MINNELEA.
12. Applicable law and jurisdiction; extra-judicial settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
12.1 The contracts concluded between users of the Website and the Seller are governed by Italian law. Without prejudice to the application users consumers who do not have their habitual residence in Italy of the provisions possibly more favourable mandatory provided for by the law of the country in which they have their habitual residence, in particular in relation to the term for the exercise of the right of withdrawal, the deadline for the return of the Products, in the case of the exercise of such a right, the mode and the formalities of the communication of the same, and the legal guarantee of conformity.
12.2 it Is recalled that in the case of a user consumer, any dispute regarding the application, execution and interpretation of these General Conditions of Sale, the competent court of the place where the user resides or has domicile.
12.3 pursuant To art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), MINNELEA and the Seller shall inform the user that qualifies as a consumer of art. 3, paragraph 1, letter a) of the Code of the Consumption, which, in the case in which he has presented a claim directly to the Seller as a result of which it is not, however, been possible to resolve the dispute so arising, the Seller shall provide the information in relation to the body or bodies of Alternative Dispute Resolution for the settlement of disputes concerning the obligations arising from a contract concluded pursuant to these General Conditions of Sale (cc.d.. ADR entities, as specified in the articles. 141-bis and following of the Consumer Code), specifying whether it intends to avail itself of these bodies to resolve the dispute.
The Seller also informs the user that qualifies as a consumer of art. 3, paragraph 1, letter a) of the Consumer Code which was set up a european platform for online resolution of consumer disputes (c.d. the ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer can consult the list of ADR entities, find the link to the website of each of them and start a procedure for the online resolution of the dispute in which it is involved.
Are without prejudice to the right of the consumer to bring proceedings in the ordinary court of competent jurisdiction for the disputes arising from these General Conditions of Sale, whatever the outcome of the procedure of extra-judicial settlement of disputes relating to consumption ratios by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
12.4 The user who is resident in a European Union member state different from Italy, you can also access, any dispute regarding the application, execution and interpretation of these General Conditions of Sale, the european procedure established for small claims procedure, Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding all interest, expenses and disbursements, - Euro 2.000,00. The text of the regulation is available on the website www.eur-lex.europa.eu.
13. Customer service and complaints
13.1 it is possible to ask for information, send communications, or assistance in submitting claims by contacting the Customer Service with the following methods:
- by mail, to the address MINNELEA, Rome, via Tufo n. 8/C (00157)
- for email, to the address email@example.com
- by phone at the number +39 328 7017040
13.2 MINNELEA or the Seller (whichever is applicable) will respond to complaints within five working days from receipt of the same.