TERMS AND CONDITIONS FOR ONLINE SALES
The offer and sale of products via “e-commerce”, as defined below, is governed by these terms and conditions for online sales (the “Terms and Conditions”), which regulate the relations between I.C.M. S.r.l., VAT number and tax code 01474700182, with registered office in Santa Maria della Versa (Pavia), Via Francesco Crispi no. 200, 27047, email@example.com, (hereinafter “I.C.M.”) and the Customer, as defined below.
Relations with Customers are subject to the contents of the Terms and Conditions published on the e-commerce site at the time the order is placed by the Customer. The Contract is subject to change by I.C.M.. The Customer may request information directly on the e-commerce site, in the Customer Service section, or by sending an email to: firstname.lastname@example.org.
The terms and expressions listed below shall have the following meanings. Any terms defined in the singular shall also refer to the plural form, and vice versa;
“Reserved Area”: means the part of the e-commerce site used exclusively by the Customer, through which the Customer, after logging in, may access specific functions provided by I.C.M.;
“Customer”: means any Consumer buying one or more Products via e-commerce, and accepting the contract;
“Consumer”: means any individual aged 18 years or over who uses e-commerce for purposes unrelated to business, commercial, trade or professional activities;
“Contract”: means the agreement between the Parties, governing their legal relations as set out in the Terms and Conditions and the online order form;
“Terms and Conditions”: means this document;
“E-commerce”: means the online store, available via the URL https://www.melampo.eu/ through which the products can be purchased;
“Order Form”: means the document attached to the Terms and Conditions;
“Parties”: means both I.C.M. and the Customer;
“Products”: means the articles offered for sale via e-commerce.
2. Object of Contract
The Terms and Conditions govern and regulate the online sales of Products by I.C.M. to the Customer, via e-commerce.
The essential characteristics of the Products are indicated on each product page of the e-commerce area. The images and colours of the Products offered for sale represent the actual characteristics of the Products as faithfully as possible. However, the images may not correspond perfectly to the actual product for technical reasons.
I.C.M. cannot be held liable for any defects in the images of the Products shown in the e-commerce area, if due to technical reasons.
I.C.M. offers its Products for sale and performs e-commerce activities exclusively for the Customer.
In consideration of its commercial policy, I.C.M. reserves the right not to fulfil any orders from persons other than Consumers, and may not fulfil orders that do not conform to its commercial policy, which, at its sole discretion, appear to be fraudulent or may damage a third party.
In any case, I.C.M. expressly reserves the right not to accept orders that appear to be irregular in terms of the quantity or frequency of products purchased.
3. Formation of Contract
In order to purchase the Products displayed in the e-commerce area, Customers must first register.
In order to register, the Customer must correctly complete the registration form with his/her personal data. Registration will only be completed when the Customer clicks on the link received in the confirmation email.
The Customer guarantees that the personal details provided during and after the registration process are accurate, complete and truthful.
Following the registration process, a reserved area will be created for the Customer, who can then view his/her purchases and wish list, or amend the login data. The login credentials must only be used and kept by the Customer, and may never be transferred to a third party. The Customer shall minimise the risks of unauthorised access or inappropriate use of the Reserved Area, and shall inform I.C.M. immediately if there is any suspicion of such unauthorised use or access.
If the login credentials are lost, I.C.M. will send new credentials to the email address supplied by the Customer, upon request.
After completing the registration process, the Customer may proceed with the purchase transaction.
Before doing so, the Customer must read the Terms and Conditions, paying particular attention to the clauses regarding the right of cancellation, and must print out a copy and store an electronic copy on a permanent support that enables the Customer to retain information addressed to him or her for a sufficient period for the intended purpose, and which enables the exact reproduction of the stored information.
I.C.M. may, at the request of the Customer, send an electronic copy of the Terms and Conditions to the email address indicated on the registration form.
In order to proceed with the purchase of Products in the e-commerce area, the Customer must complete the order form provided on the site and send it to I.C.M., electronically, following the instructions given.
Before sending the order form, the Customer must identify and correct any data entry errors, and verify the chosen Products. Any inaccuracies can be rectified by clicking on the “Change details” button.
In any event, to ensure greater protection for the Customer, I.C.M. will send an email receipt for the purchase, containing a summary of the information found on the order form, together with a copy of the Terms and Conditions.
The Customer must also verify the final sale price before concluding the Contract. However the price charged for the Product will be the one indicated on the website at the time the order was placed.
The Contract will be considered to be concluded when I.C.M. receives payment from the Customer.
By sending the order form and paying the amount due, the Customer confirms that he/she has read and accepted the Terms and Conditions and the other information contained on the e-commerce site. On conclusion of the contract, I.C.M. will process the purchase order.
The Customer will find a summary of orders placed, in his/her Reserved Area.
3.3 Aftersales service
Aftersales service is provided directly by I.C.M., which can be contacted at the above address, for any queries.
3.4. Stocks and availability
Occasionally, there may be stock interruptions, for certain Products. In such circumstances, I.C.M. will promptly inform the Customer by email. The Customer will be given the option of choosing a similar product, or cancelling the order.
If the Customer decides to cancel the order the price will be promptly repaid in full.
The prices of the Products and delivery costs are subject to change and include VAT where applicable.
The prices, including all taxes and duties, are indicated on the product pages. The delivery costs are indicated on the order form.
The prices indicated on the product pages are valid until the purchase process has been completed.
The delivery costs, included in the total cost displayed, are charged at a variable rate depending on the total volume or weight of the shipment.
If the price of a Product is discounted and the percentage and/or full price is indicated, this indication will refer to the price usually charged on the e-commerce site.
Any taxes, duties and other charges levied in the country to which the Products are to be delivered are to be paid in full by the Customer to the competent fiscal or Customs authorities, or to the courier, at the time of delivery.
5. Mode of payment
The payment may be made by credit card, PayPal or any other means of payment indicated on the e-commerce site.
I.C.M. may change the accepted means of payment at any time, but the methods published on the e-commerce site when the order is placed by the Customer will be available at that time.
For credit card payments, the cost will be debited after the Customer’s card issuer has checked the credit card details and authorised the transaction.
The credit card details provided when the order is placed are protected, and will be sent directly to the bank responsible for managing the payments. Payments are made through a secure server with SSL encryption, in order to guarantee complete transaction security.
For payments made by PayPal, the price will be debited to the Customer’s PayPal account when the order is confirmed.
The price of the Products will not change depending on the chosen payment method.
6. Product warranties
The Customer must check the Products immediately after delivery, to verify that they correspond to the items ordered.
All Products sold are subject to the warranty provided directly by I.C.M., in accordance with the law.
Warranty claims must be submitted by the Customer within two months of discovery of the defect, by registered post with return receipt, to the I.C.M. address indicated above, with details of the defect. The Customer is therefore required to keep proof of purchase.
On receipt of the complaint, I.C.M. will promptly contact the Customer to propose a solution.
Unless proved otherwise, it is assumed that any conformity defects appearing within six months from delivery of the Product already existed on that date, unless this is incompatible with the nature of the Product or the nature of the defect.
After a defect has been reported, I.C.M. may offer the Customer an appropriate solution.
The Customer may, at his or her discretion, ask I.C.M. to repair or replace the product free of charge, unless the requested solution is objectively impossible or excessively onerous, compared to the alternative solution.
If a defect is verified, the Customer has the right to have the item repaired or replaced at no additional charge, or alternatively may receive an appropriate reduction in the price paid, or terminate the contract.
A minor defect, for which repair or replacement is not possible or is excessively onerous, will not give the right of termination of the contract in any circumstances.
I.C.M. is available to the Customer in respect of any queries regarding cancellation rights.
7. Availability of Products
For each Product published in the e-commerce area of the Website, I.C.M. may indicate whether:
a) it is in stock;
b) it is not in stock;
c) it is available “on request”.
I.C.M. may be unable to fulfil orders for which the data provided is incomplete or inaccurate, or if the Products are unavailable.
I.C.M. reserves the right not to indicate the availability of products offered for sale on the e-commerce site.
The type of Products displayed, and their availability, may change at any time, without I.C.M. having any responsibility in this regard towards the Customer.
Details of product availability are non-binding. Products marked “unavailable” cannot be ordered.
If a Product is indicated as available “on request”, this means that at that time the Product is not immediately available, but it can still be ordered. The delivery times may be longer than those for the Products indicated as “available”.
If the Products on the e-commerce site are no longer available or for sale at the time the order form is sent, and I.C.M. is therefore unable to fulfil the order, the Customer will be informed by email and any price paid will be reimbursed. If only some of the Products are available, I.C.M. will inform the Customer by email and will reimburse the price paid for the unavailable Products, and will ship the available ones.
8. Shipment and Delivery
I.C.M. is under no obligation to ship the Products until it has received full payment of the price; once the price has been paid, the Products will be shipped within 5 working days.
These delivery terms are non-binding, non-essential, and purely indicative. Therefore, I.C.M. may not be held liable in any way, if they are not complied with.
I.C.M. guarantees the shipment of the Products by an express courier service, which will be selected according to the type of Products ordered and the place of destination. The Products will be shipped to the address indicated by the Customer on registration, or to any other address indicated by the Customer when placing the order.
Upon delivery, the Customer must check that the packaging and/or wrapping is intact, undamaged, and is not wet or otherwise impaired, including closing materials.
Any damage to the packaging or wrapping of the Products must be reported immediately, in the form of a reservation on the delivery note. I.C.M. must also be informed by registered post with return receipt or equivalent method.
9. Right of cancellation
The Customer may cancel the I.C.M. Contract without giving a reason and without incurring any penalties, within 14 (fourteen) days.
The 14-day period will start from the time when the Customer or a third party other than the designated carrier acquires physical possession of the Product. The date indicated on the delivery note will be relied on for this purpose.
The Customer must exercise the right of cancellation by sending written notification to I.C.M. by registered post with return receipt, confirming the intention to cancel, and giving details of the order number.
In order to comply with the terms of cancellation, the Customer should make sure that the notification of cancellation is posted before expiry of the cancellation period. The notice of cancellation may be sent by telegram, telex, email or fax followed by appropriate confirmation, by registered post with return receipt, within the following forty-eight (48) hours.
If the Customer exercises the right of cancellation, the Products must be returned to I.C.M. without undue delay, and in any case within 14 (fourteen) working days from the date of notification of cancellation. The cancellation period will be considered to have been complied with if the Customer returns the goods before the expiry of the 14-day period.
The Products must be returned to the address of I.C.M., intact, and in an unaltered condition. The original packaging, labels and tags are considered as integral parts of the Product, for the purposes of cancellation, and they must also be returned.
When the Customer exercises the right of cancellation, all amounts paid to I.C.M., including the cost of delivery (apart from any additional costs arising from the choice of a different type of delivery other than the less expensive standard delivery offered by I.C.M.), will be reimbursed without undue delay and in any case no more than 14 (fourteen) days from the date on which I.C.M. was informed of the Customer’s decision to cancel. Reimbursements will be made using the same means of payment used for the initial transaction, unless expressly indicated otherwise by the Customer. In any event, the Customer will not incur any costs as a result of the reimbursement.
I.C.M. may suspend the reimbursement until the goods are received, or until the Customer can show that the goods have been returned, if earlier.
If the Customer exercises the right of cancellation in a way that does not correspond to the terms and conditions of this Article, he/she will have no right to reimbursement.
The Customer shall not have any right of cancellation if the Product is found to be damaged or impaired when returned to I.C.M. or if it is not received by I.C.M..
I.C.M. should be contacted at the above address, in respect of any complaints.
11. Governing law
The Contract is governed by the laws of Italy, subject to any other mandatory laws that prevail in the Customer’s country of residence.
In the event of any dispute arising from the interpretation and/or application of the Contract, the court in the place of domicile or residence of the Customer, if resident within the European Union, shall have jurisdiction. If the Customer is not resident within the European Union, the Court of Milan shall have sole jurisdiction.
I.C.M. can be contacted directly at: email@example.com.
Milan, 14 March 2017