Terms and conditions

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GENERAL CONDITIONS OF SALE

INDEX
1. Definitions
2. Subject
3. Conclusion of Purchase and Sale Agreements
4. Availability of Products
5. Price and shipping costs
6. Method of sending Orders
7. Methods of payment
8. Shipping and Delivery of Products
9. Right of withdrawal
10. Defects/deformities of the Products
11. Product Liability
12. Privacy
13. Errors and/or inaccuracies in the On-Line Shop.
14. Intellectual Property
15. Applicable law
16. Contact

1. DEFINITIONS

The terms and phrases listed below have the meanings indicated below, it being understood that terms defined in the singular are also understood to be defined in the plural and vice versa:

  • Customer: means any person (natural or legal person) who purchases one or more Products through the Online Shop, accepting the General Conditions
  • Mello’s: means Panthera Leo SA, with registered office at 40 Massago Street, 6977 Lugano, Switzerland, registered in the Commercial Register of the Canton of Ticino, VAT number CHE-256,862,167
  • Parties: jointly means Mello’s and the Clients
  • General Conditions: means these general conditions of sale and any future new versions that may be published in the On Line Shop by Mello’s
  • Online Store: means the virtual store, managed by Mello’s and accessible through the URL https://mellos1986.com, through which you can purchase Products.
  • Sale and Purchase Contracts: means the contracts for the sale and purchase of Products concluded, pursuant to Art. 3., between Mello’s and Customers through the Online Store.
  • Orders: means the purchase orders for the Products sent by the Customers, in accordance with the General Conditions and following the procedure set forth in Art. 6.
  • Order Confirmation: means the e-mail message through which Mello’s informs Customers of the acceptance of Orders.
  • Price: means the selling price of the Products as shown in the On-Line Shop under the Products themselves.
  • Products: means the products published in the Online Shop for the purpose of their sale.
  • Profile: means the area of the On-Line Shop in which Customers can, after authentication: (i) view and change their personal information and addresses where the Products covered by the Orders are to be shipped and delivered; (ii) View past Orders; (iii) access any other specific functions related to their activity in the On-Line Shop.
2. SUBJECT

2.1 The General Terms and Conditions govern all Purchase and Sale Agreements and form an integral part thereof.
2.2 Mello’s reserves the right to amend the General Conditions at any time, it being understood that those published in the On-Line Shop at the time the Orders are placed by the Customers shall be deemed applicable to the Sale and Purchase Agreements.
2.3 In the event of any conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions most favorable to the Customers shall apply.

3. CONCLUSION OF PURCHASE AND SALE CONTRACTS

3.1 Mello’s undertakes to send the Order Confirmation to the Customers within 2 working days after receipt of the Orders from the Customers.
3.2 The Sale and Purchase Agreements shall be deemed to be concluded between the Parties when Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation by the deadline specified in Art. 3.1, the relevant Order shall be deemed rejected by Mello’s and, therefore, of no effect.
3.3 By submitting Orders, Customers declare that they have read all instructions pertaining to the mode of purchase of the Products set forth in Art. 6 and that I have accepted the General Conditions in full as well as having read all further information contained on the On-Line Shop, also referred to through links.
3.4 Orders will be stored in the On-Line Shop’s database, in the manner and in accordance with the provisions of the Privacy Policy and will be accessible by contacting Mello’s at the references in Art. 16 that is, by accessing the Profile.

4. PRODUCT AVAILABILITY

4.1 Without prejudice to the provisions of clause 4.6, in correspondence with each Product published in the On-Line Shop, Mello’s shall indicate whether the same: (i) is available at its warehouses; (ii) is not available at its warehouses; (iii) is available “on request”; (iv) is “customizable”.
4.2 The type of Products published in the On-Line Shop and their availability may change at any time without this entailing any liability for Mello’s towards the Customers.
4.3 The indication regarding the availability of the Products is not binding, it being understood that the Products indicated as “unavailable” pursuant to Art. 4.1 (ii) may not be ordered by Customers. In the event of the unexpected unavailability of a Product indicated as available at the time the Order is placed by a Customer, Mello’s, without prejudice to the provisions of Art. 3.2, undertakes to indicate to such Customer, in a subsequent e-mail communication, the approximate timeframe for a new availability of the Product(s) covered by the Order submitted by the Customer. The Customer may withdraw the Order within 48 hours of receipt of such notice from Mello’s (subject to the right of withdrawal under Art. 9) by sending an e-mail message to the address specified in Art. 16. In this case, Mello’s undertakes to refund the Price as soon as possible.
4.4 If there is an indication available “on request” in correspondence with a Product, it means that such Product, at that time, is not available at Mello’s warehouses but that it will be the responsibility of Mello’s to order it from the central warehouses after the Customer has ordered it online.
4.5 Where there is an indication “customizable” in correspondence with a Product, it means that such Product can be modified/adapted/customized according to the specific requirements of the Customers. In this case, Customers must specify their requests in the space provided when placing Orders. Following the sending of the Order Confirmation, Mello’s undertakes to notify the Customers, by e-mail, of the expected deadline for the shipment of the customized Product. While Mello’s undertakes to do everything in its power to ensure compliance with this deadline, the same is intended as merely indicative and does not imply any obligation on Mello’s;
4.6 Mello’s reserves the right not to indicate the availability of the or certain Products published in the On-Line Shop.

5. PRICE AND SHIPPING COSTS; TAXES AND DUTIES

5.1 The Price is expressed in € (Euro). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.
5.2 The Price is inclusive of VAT if the Products are shipped by Mello’s and delivered within the European Union. If the Products are shipped by Mello’s and delivered outside the European Union, the Price is exclusive of VAT.
5.3 The Price does not include shipping costs. Mello’s reserves the right to charge Customers a fee for shipping costs, which may vary depending on the type of delivery, the quantity of Products to be delivered, their volume, weight and destination.
5.4 Any contribution required by Mello’s for shipping costs shall be indicated, separately from the Price, prior to the placing of the Order by the Customers and shall be paid by the Customers together with and concurrently with the payment of the Price in the manner set forth in Art. 7.
5.5 Any taxes, levies, duties and other charges prescribed by the laws of the state where the Products are shipped and delivered shall be borne entirely by the Customers and paid by them at the time of delivery of the Products, either directly to the appropriate tax or customs authorities or to the courier in charge of delivery.

6. MODE OF SENDING ORDERS

6.1 In order to proceed with the submission of Orders, Customers must necessarily register in the On-Line Shop, the procedure requires the entry of certain “mandatory” data necessary for the correct conclusion of the order. Registration allows, through one’s own password, quick access to the site in case of subsequent orders.
6.2 Customers can purchase Products by selecting them in the section of the On-Line Shop dedicated to the type of Product they are looking for and placing them in the “shopping cart”. If the Products that the Customers intend to purchase are more than one, the same procedure as above must be repeated by clicking on “add more products”. Having completed their choice of Products, Customers proceed in the manner set forth in Art. 6.1. Having verified the correctness of the data related to the chosen Product(s) and the “sending information,” Customers must choose the payment method as per Art. 7. Having chosen the payment method, Customers can proceed to submit Orders by clicking on “submit.”

7. METHOD OF PAYMENT

7.1 Customers may make payment of the Price and the contribution for shipping costs as set forth in Art. 5 by credit card, PayPal, or other means of payment that may be indicated by Mello’s in the On-Line Shop. Mello’s reserves the right to change, at any time, the means of payment that may be used by the Customers, it being understood that those published in the On Line store at the time the Orders are sent by the Customers shall be deemed usable.
7.2 In the event of payment by credit card, Customers shall be charged the Price and the fee for shipping costs set forth in Art. 5 takes place, having verified the credit card data and received the debit authorization from the company issuing the credit card used by the Customers, at the same time as Mello’s sends the Order Confirmation. Credit card information sent during the placing of Orders is protected and is sent directly to the banking company handling the payments. Payment is made directly on secure server with SSL encryption key so that the transaction is absolutely secure. Credit card information is not accessible by Mello’s or any third party, either at the time the Orders are placed or thereafter.
7.3 In case of payment by bank transfer, the Customers must make the transfer to the bank details indicated in the On-Line Shop, indicating in the reason for payment the order number (including the initial letters) communicated by Mello’s at the time the Order is sent by the Customers and in the Order Confirmation.
7.4 In the case of payment through PayPal, when Customers submit Orders, the Web session will be transferred to PayPal’s secure Web site. On that Web site, Customers may complete payment of the Price and the contribution for shipping costs set forth in Art. 5 using their PayPal account and according to the terms of use of the PayPal service subscribed to by Customers at that time or previously. The charge for the Price and the contribution for shipping costs set forth in Art. 5 to Customers’ PayPal account occurs at the same time that Mello’s sends the Order Confirmation. If the customer does not yet have a PayPal account, he or she can create one from the PayPal login page before completing the order.
7.5 If it is requested by the Customers at the same time as sending the Orders, Mello’s will send the Customers regular invoice, by e-mail or mail. For the purpose of issuing the invoice, the information provided by the Customers shall be the basis. No changes to the invoice will be possible after it has been issued by Mello’s.
7.6 The information received by Mello’s pursuant to this Article 7 shall be used solely for the purpose of completing the procedures relating to the sale of the Products and for reimbursement procedures in the event of the exercise of the right of withdrawal under Art. 9. By Clients.

8. SHIPMENT AND DELIVERY OF PRODUCTS

8.1 WHEREAS “shipment” of the Products by Mello’s means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Mello’s is not obliged to ship the Products until it has received payment of the Price; once payment of the Price has been received, Mello’s undertakes to ship the Products: (i) in the case of available Products (as defined in art. 4:)- within 3 working days of receipt of the debit authorization communication referred to in art. 7.2 in the case of payment by credit card; – within 3 working days from the time when the payment information has been made available to Campei Srl in the case of payment by means other than credit card; (ii) in the case of available Products that have become unavailable (as defined in art. 4.3), within 3 working days after such Product or Products are again available at Mello’s warehouses, without prejudice to the Customer’s right to withdraw the Order pursuant to the same art. 4.3; (iii) in the case of “on-demand” Products (as defined in art. 4.4.), within 3 working days from the moment such Products are available at Mello’s warehouses; (iv) in the case of “customized” Products, (as defined in art. 4.5.), within 3 working days from the moment the same are available at Mello’s warehouses; (v) in the event that the availability of one or more Products is not indicated (as per the option in art. 4.6) and the Products are available at Mello’s warehouses at the time the Order is sent by the Customers: – within 3 working days of receipt of the debit authorization notice referred to in art. 7.2 in the case of payment by credit card; – within 3 working days of the time when the payment information has been made available to Mello’s in the case of payment by means other than credit card; (vi) in the event that the availability of one or more Products is not indicated (as per the faculty referred to in art. 4.6) and the Products are not available at Mello’s warehouses at the time the Order is sent by the Customers, within 3 working days from the time the Products are available at Mello’s warehouses .
8.2 Mello’s guarantees the shipment of the Products, in the States indicated in the On-Line Shop, by means of express couriers selected from time to time depending on the Product object of the Order and the place of destination. The Products are shipped by Mello’s, and delivered by the courier selected by Mello’s, to the address indicated by the Customers at the time of registration under Art. 6.1 or to a different address provided at the time the Order was placed.
8.3 Mello’s agrees to use its best efforts to ensure that Products shipped pursuant to Sections 8.1 and 8.2 are delivered by selected couriers: – within Switzerland within 72 hours from the date of shipment; – outside Switzerland within 10 days from the date of shipment.
8.4 The Delivery Terms referred to in Art. 8.3, cannot, in any case, be considered binding and Mello’s, since it cannot directly control the deliveries of the Products subsequent to their shipment, cannot be held liable in any way for their non-compliance.
8.5 In order to allow Customers to track the status of Orders, Mello’s generates an Order number which, entered in the “My Orders” section – accessible from all the pages of the On-Line Shop – allows to check all the information related to the Orders.
8.6 Customers can also check the status of Orders through the online “Order Tracking” function provided by the courier chosen by Mello’s for delivery. This verification can only be performed by Customers after the Products have been shipped and using the tracking data communicated by Mello’s by e-mail or by accessing the Profile.
8.7 The Customers, or other persons appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:(i) the Products correspond to what is indicated in the courier’s transport document both in number and type; (ii) the packaging/packaging of the Products is intact, not damaged, nor wet or in any way altered, even in the closing materials.
8.8 Any damage to the packaging/wrapping of the Products must be immediately challenged by the Customers by placing a written control reservation on the courier’s proof of delivery. It is understood that once the courier’s document has been signed without any dispute, Customers may no longer raise any objection to Mello’s with reference to the external characteristics of what has been delivered.
8.9 Products may be delivered by couriers only to Customers or persons authorized by them; the person to whom the Products are delivered must affix a signature to certify delivery. Couriers do not deliver to post office boxes or by placing Products in mailboxes or other similar places.

9. RIGHT OF WITHDRAWAL

9.1 If the Customers are “consumers” (i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out), the Customers have the right, to withdraw from the Sale and Purchase Agreements within 14 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The Right of Withdrawal must be exercised by the Customers by filling in the online return form or by sending Mello’s a written notice, by e-mail to the address referred to in art. 16. containing: (i) the manifestation of their willingness to avail themselves of the Right of Withdrawal; (ii) the indication of the Order that gave rise to the Sale and Purchase Contract from which they intend to withdraw.
9.2 In the event that Customers exercise the right of withdrawal referred to in this art. 9: (i) Customers undertake to return the Products within 14 days from the date of the notice of withdrawal referred to in art. 9.1; (ii) all costs related to the return of the Products shall be entirely borne by the Customers; (iii) Mello’s undertakes to reimburse the Price as soon as possible, and in any case within 14 days from the date of receipt of the notice of withdrawal referred to in art. 9.1, provided that: – the Products have been returned and are intact; – the original packaging/wrapping of the Products is also returned and the same is intact; – any accessories, instruction manuals etc. are also returned and the same are intact; – the Products have not been used; (iv) Mello’s will inform the Customers of the methods for refunding the Price and may, for this purpose, request the Customers’ bank details (IBAN and account holder).
9.3 If Customers exercise the right of withdrawal in a manner that is not in accordance with the terms and conditions set forth in this Article 9, Customers shall not be entitled to a refund of the Price.
9.4 As an alternative to exercising the right of withdrawal set forth in this Article 9, “consumer” Customers (as defined in Article 9.1) may opt for a “product exchange” in accordance with the terms and conditions specified in the On-Line Shop.

10. DEFECTS/DEFORMITIES OF THE PRODUCTS

10.1 If the Products have a warranty recognized by the manufacturer of the Products (commercial/conventional warranty), any defects/deformities of the Products must be reported by the Customers directly to the manufacturer in the manner and within the terms specified in the warranty.
10.2 “Consumer” Customers (as defined in Article 9.1) may request from the seller, the remedies provided for conformity defects in the Products existing at the time of delivery of the goods.

11. PRODUCT LIABILITY

The manufacturer of the Products is the party liable for any damage caused by defects in the Products.

12. PRIVACY

Mello’s declares and guarantees that Customers’ personal data will be treated in accordance with the Privacy Policy. Details of how the data will be processed are communicated to Customers at the time of registration under Art. 6.1 o 6.2.

13. ERRORS AND/OR INACCURACIES IN THE ONLINE STORE

13.1 Mello’s undertakes to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the On-Line Shop contains, or may over time contain, errors, inaccuracies or omissions.
13.2 Mello’s therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been placed and likewise reserves the right to change or update information at any time without prior notice to Customers.

14. INTELLECTUAL PROPERTY

All intellectual property rights related to the On-Line Shop (including its contents) are the exclusive property of Mello’s; The On-Line Shop and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose whatsoever without Mello’s prior written consent.

15. APPLICABLE LAW

15.1 The General Conditions and the Sale and Purchase Agreements are governed by Swiss law and shall be construed in light thereof.15.2 Any dispute that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements shall be subject to the exclusive jurisdiction of the courts of Lugano, Switzerland.

16. CONTACTS

For further information and assistance on the On-Line Shop or on how to purchase on the On-Line Shop or on the Sale and Purchase Agreements, Customers may contact Mello’s through our customer service department, or by email to mellosofficial@gmail.com, or by letter to the address below: Panthera Leo SA, via Massago 40, 6977 Lugano, Switzerland