GENERAL CONDITIONS OF SALE
3. Conclusion of the Sale and Purchase Agreements
4. Availability of Products
5. Price and shipping costs
6. How to send Orders
7. Method of payment
8. Shipping and delivery of the Products
9. Right of withdrawal
10. Vices / defects of the Products
11. Product responsibility
13. Errors and / or inaccuracies in the Online Store
14. Intellectual Property
15. Applicable law
The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa:
- Customer: means any subject (natural or legal person) who purchases one or more Products through the Online Store, accepting the General Conditions
- Mello’s: means Panthera Leo SA, with registered office in via del Bosco 18, 6962 Lugano, Switzerland, registered in the Commercial Register of the Canton of Ticino, VAT number CHE-256.862.167
Parties: means jointly Mello’s and Customers
- General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Store by Mello’s
- On Line Shop: means the virtual shop, managed by Mello’s and accessible through the URL http://www.mellos.ch, through which it is possible to purchase the Products.
- Sale and Purchase Agreements: means the purchase and sale contracts of the Products concluded, pursuant to art. 3., between Mello’s and the Customers through the Online Store.
- Orders: means the purchase orders of 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 sale price of the Products as indicated in the Online Store in correspondence with the Products themselves.
- Products: means the products published in the Online Store for the purpose of their sale.
- Profile: means the area of the Online Store where customers can, after authentication: (i) view and modify their personal data and addresses where the Products subject to Orders must be shipped and delivered; (ii) view the previous Orders; (iii) access any other specific function relating to their activity in the Online Store.
2.1 The General Conditions govern all the Sale and Purchase Agreements and constitute an integral part thereof.
2.2 Mello’s reserves the right to modify the General Conditions at any time, without prejudice to the fact that those published in the On-Line Shop will be deemed applicable to the Sale and Purchase Contracts at the time the Orders are sent by the Customers.
2.3 In the event of a 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 most favorable terms and conditions for Customers will apply.
3. CONCLUSION OF SALES CONTRACTS
3.1 Mello’s undertakes to send Customers an Order Confirmation within 2 working days from receipt of Orders by Customers.
3.2 The Sale and Purchase Agreements are concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the period indicated in art. 3.1, the related Order must be considered rejected by Mello’s and, therefore, devoid of effect.
3.3 By sending the Orders, the Customers declare that they have read all the instructions regarding the method of purchasing the Products as per art. 6 and to have fully accepted the General Conditions and to have read all the additional information contained in the On-Line Shop, also referred to through links.
4. AVAILABILITY OF PRODUCTS
4.1 Without prejudice to the provisions of art. 4.6, in correspondence with each Product published in the On-Line Shop, Mello’s indicates whether the same: (i) is available at its stores; (ii) is not available at its stores; (iii) is available “on request”; (iv) is “customizable”.
4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without implying any responsibility for Mello’s towards Customers.
4.3 The indication regarding the availability of the Products is not binding, it being understood that the Products indicated as “not available” pursuant to art. 4.1 (ii) can not be ordered by Customers. In case of unavailability of a Product indicated as available at the time of sending the Order by a Customer, Mello’s, without prejudice to the provisions of art. 3.2, agrees to indicate to this Client, in a subsequent communication by e-mail, the times provided for the new availability of the Product / s object of the Order sent by the Customer. The Customer can withdraw the Order within 48 hours of receipt of such communication by Mello’s (without prejudice to the right of withdrawal referred to in Article 9) by sending an e-mail message to the address specified in art. 16. In this case Mello’s undertakes to reimburse the price in the shortest possible time.
4.4 If in the presence of a Product there is an indication available “on request” it means that this Product, at that time, is not available at the Mello’s warehouses but that it will take care of Mello’s order it at the central warehouses after the Customer ordered online.
4.5 If, in correspondence with a Product, there is a “customizable” indication, this Product can be modified / adapted / customized according to the specific requests of the Customers. In this case, Customers must specify their requests in the appropriate space at the time the Orders are sent. After sending the Order Confirmation, Mello’s undertakes to communicate to customers, by e-mail, the deadline for the shipment of the customized product. While engaging Mello’s to do everything in its power to ensure compliance with this term, the same is to be understood as merely indicative and does not imply any constraint for Mello’s;
4.6 Mello’s reserves the right not to indicate the availability of some 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 sent by the Customers.
5.2 The Price is inclusive of VAT, if the Products are shipped from Mello’s and delivered within the European Union. If the Products are shipped from Mello’s and delivered outside the European Union, the Price is excluding VAT.
5.3 The price does not include shipping costs. Mello’s reserves the right to ask customers for a shipping cost contribution that may vary depending on the type of delivery, the quantity of products to be delivered, their volume, weight and destination.
5.4 Any contribution requested by Mello’s for shipping costs is indicated, separately from the Price, before sending the Order by the Customers and will be paid by the Customers together and at the same time the payment of the Price according to the procedures set out in ‘art. 7.
5.5 Any taxes, duties, taxes and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Clients and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the appointed courier. of delivery.
6. METHOD OF SENDING ORDERS
6.1 In order to proceed with the sending of Orders, Customers must necessarily register in the Online Store, the procedure requires the inclusion of some “mandatory” data necessary for the correct conclusion of the order. The registration allows, through its own password, a quick access to the site in case of subsequent orders.
6.2 Customers can purchase the Products by selecting them in the On-Line Shop section dedicated to the type of product they are looking for and inserting them in the “shopping cart”. If the Products that Customers wish to purchase are more than one, the same procedure above must be repeated by clicking on “add other products”. Once the selection of the Products has been completed, the Customers proceed according to the procedures set forth in art. 6.1. Having verified the correctness of the data relating to the chosen Product (s) and the “sending information”, Customers must choose the payment method pursuant to art. 7. Choosing the payment method, Customers can proceed to send orders by clicking on “Add to Cart”.
7. PAYMENT METHODS
7.1 Customers can pay the price and the contribution for the shipping costs referred to in art. 5 by credit card, PayPal, or other means of payment that may be indicated by Mello’s in the Online Store. Mello’s reserves the right to change, at any time, the means of payment that can be used by the Clients, without prejudice to the fact that those published in the On Line store will be considered usable at the time the Orders are sent by the Customers.
7.2 In case of payment by credit card, the charge to the Customers of the Price and of the contribution for the shipping costs referred to in art. 5 takes place, verified the credit card details and received the debit authorization from the company issuing the credit card used by the Customers, together with the sending by Mello’s of the Order Confirmation. The data of the credit cards sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment is made directly on secure server, with SSL encryption key in order to guarantee the absolute security of the transaction. The credit card details are not accessible by Mello’s or third parties, neither at the time the Orders are sent nor afterwards.
7.3 In case of payment by bank transfer, Customers must make the transfer to the bank details indicated in the Online Store, indicating in the reason for the order number (including the initial letters) communicated by Mello’s at the time of sending the Order by customers and in the Order Confirmation.
7.5 If requested by Customers at the time of sending the Orders, Mello’s will send the Customer an invoice, by e-mail or post. For the purpose of issuing the invoice, the information provided by the Customers shall prevail. No change of the invoice will be possible after its issue by Mello’s.
7.6 The information received from Mello’s pursuant to this article 7 will be used exclusively to complete the procedures related to the sale of the Products and for the reimbursement procedures in case of exercise of the right of withdrawal pursuant to art. 9. from the Customers.
8. SHIPPING AND DELIVERY OF PRODUCTS
8.1 Given that “shipment” of the Products by Mello’s means the delivery of the same to the couriers from time to time selected in accordance with art. 8.2, Mello’s is not bound to dispatch the Products until it has received payment of the Price; once the payment of the Price has been received, Mello’s undertakes to send the Products: (i) in the case of available Products (as defined in Article 4): – within 3 working days of receipt of the communication of the debit authorization as art. 7.2 in case of payment by credit card; – within 3 working days from the moment in which it was made available to Campei Srl the information of payment in case of payment by means other than credit card; (ii) in the case of available Products that have become unavailable (as defined in Article 4.3), within 3 working days from the time such Product or Products are again available at the 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 Products “on request” (as defined in Article 4.4.), within 3 working days from the moment they are available at the Mello’s warehouses; (iv) in the case of “personalized” Products, (as defined in Article 4.5.), within 3 working days from the time they are available at Mello’s warehouses; (v) in the event that the availability of one or more Products is not indicated (as per the faculty referred to in Article 4.6) and the Products are available at the Mello’s warehouses at the time of sending the Order by the Customers : – within 3 working days from receipt of the communication of debit authorization pursuant to art. 7.2 in case of payment by credit card; – within 3 working days from the time it was made available to Mello’s the information of payment in 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 Article 4.6) and the Products are not available at the Mello’s warehouses at the time the Order is sent by the Customers, within 3 working days from the moment the Products are available at Mello’s’s warehouses.
8.2 Mello’s guarantees the shipment of Products, in the States indicated in the On-Line Shop, by express couriers selected from time to time depending on the Product object of ‘Order and place of destination. The Products are shipped from Mello’s, and delivered by the courier selected by Mello’s, to the address indicated by the Customers at the time of registration as per art. 6.1 o at a different address indicated at the time of placing the Order.
8.3 Mello’s undertakes to do everything in its power to ensure that the Products shipped pursuant to Arts. 8.1 and 8.2 are delivered by the selected couriers: – in Switzerland within 72 hours from the date of shipment; – outside Switzerland within 10 days from the date of shipment.
8.4 The delivery terms pursuant to art. 8.3, can not, in any case, be considered binding and Mello’s, not being able to directly control the deliveries of the Products after their shipment, can not be held responsible in any way for their non-compliance.
8.5 In order to allow customers to follow the status of the Orders, Mello’s generates an Order number that, inserted in the “My orders” section – accessible from all the pages of the Online Shop – allows you to check all the information related to the Orders.
8.6 Customers can also check the status of Orders thanks to the online “Order Tracking” function provided by the courier chosen by Mello’s for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the tracking data communicated by Mello’s by e-mail or by accessing the Profile.
8.7 Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, they 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 by number and by type; (ii) the packaging / packaging of the Products is intact, undamaged, or wet or otherwise altered, even in the closing materials.
8.8 Any damage to the packaging / packaging of the Products must be immediately challenged by the Customers through the affixing of a reservation of written control on proof of successful delivery of the courier. It is understood that, once the courier’s document has been signed without any dispute, Customers can no longer raise any objection to Mello’s with reference to the external characteristics of the delivered item.
8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them ; the subject to whom the Products are delivered must sign a signature to certify the delivery. Couriers do not make deliveries to post office boxes or by placing Products in postboxes or other similar places.
9. RIGHT OF WITHDRAWAL
9.1 If the Customers are “consumers” (ie a natural person acting for purposes unrelated to business, commercial, craft or professional activity), 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 out the return form online or by sending a written communication to Mello’s, by e-mail to the address referred to in art. 16., containing: (i) the intention to exercise the right of withdrawal; (ii) the indication of the Order which gave rise to the Sale and Purchase Contract from which they intend to withdraw.
9.2 In case of exercise by the Customers of the right of withdrawal pursuant to this art. 9.:(i) Customers undertake to return the Products within 14 days from the date of communication of withdrawal as per art. 9.1; (ii) all costs related to the return of the Products are entirely borne by the Customers; (iii) Mello’s undertakes to reimburse the price in the shortest possible time, and in any case within 14 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that: – the Products have been returned and are intact; – the original packaging / packaging of the Products is also returned and the same is intact; – any accessories, instruction manuals, etc. are also returned, and they are intact; – the Products have not been used; (iv) Mello’s will provide customers with the methods of reimbursement of the price and may, to this end, request customers their bank details (IBAN and holder of the c / c) .
9.3 If Customers exercise the right of withdrawal in a manner that does not comply with the terms and conditions referred to in this article 9, Customers are not entitled to reimbursement of the Price.
9.4 As an alternative to the exercise of the right of withdrawal pursuant to this art. 9, “Consumer” Customers (as defined in article 9.1) may opt for a “product change” according to the methods and terms specified in the On Line shop.
VICES / DEFORMITY OF PRODUCTS
10.1 If the Products show a warranty recognized by the manufacturer of the same (commercial / conventional warranty), any faults / defects of the Products must be reported by the Customers directly to the manufacturer according to the terms and conditions indicated in the warranty.
10.2 Customers “consumers” (as defined in Article 9.1) can ask the seller for remedies for defects in conformity of the existing Products at the time of delivery of the goods.
11. PRODUCT LIABILITY
The manufacturer of the Products is the person responsible for any damage caused by defects of the Products themselves.
13. ERRORS AND / OR INACCURACIES IN THE ONLINE STORE
13.1 Mello’s is committed to constantly checking the On-Line Shop to avoid errors or inaccuracies. However, it is possible that the Online Store contains, or may contain, errors, inaccuracies or omissions.
13.2 Mello’s therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Store even after it has been sent an Order and also reserves the right to change or update information at any time without prior notice to Customers.
14. INTELLECTUAL PROPERTY
All the intellectual property rights connected to the Online Store (including 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 without the prior written consent of Mello’s.
15. APPLICABLE LAW
15.1 The General Conditions and the Sale and Purchase Agreements are governed by Swiss law and in light of this they must be interpreted.
15.2 For any dispute that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Court of Lugano, Switzerland will be exclusively competent.
For further information and assistance on the Online Store or on how to purchase on the Online Store or on the Sale and Purchase Agreements, Customers can contact Mello’s through our customer service, or by e-mail to firstname.lastname@example.org or by letter to the following address: Panthera Leo SA, via del Bosco 18, Lugano, Switzerland