These General Terms and Conditions of Sale shall apply  and govern all distance selling of goods  on the website www.melestone.it  in accordance and in compliance with existing national and European regulations, including D. lgs. n. 70/2003, D.lgs. n. 206/2005 and subsequent amendments (subsequently,”Consumer Code”) and the European Directive no. 2011/83 EU on Consumer rights.

 

  1. Field of application

1.1 These General Terms and Conditions of Sale govern the sale of the Goods offered by the Seller on the website.

1.2 These General Terms and Conditions of Sale may be modified by the Seller at any time. Any changes will be effective from the moment of their publication on the Site in the section  “General Terms and Conditions of Sale”, visible on the homepage of the Site. Customers are therefore required  to access regularly the Site and refer to the latest version of the General sales conditions, before making any purchase . The applying Sales Conditions are those in force on the date of transmission of the Purchase Order of a Good made by the Customer.

1.3 Before starting with the purchase of Goods on the Website, the Customer is obliged to read carefully these General Terms and Conditions of Sale, available in the “Conditions of sale” section of the Website.

1.4 It is understood,  that making a  Purchase Order on the Website implies total and absolute knowledge of these General Conditions of Sale and their full acceptance.

1.5 These General Terms and Conditions of Sale do not govern the sale of Goods by parties other than the Seller, even if these parties are visible  on the Site through links, banners or other hypertext links. Given this, the customer is invited, before starting with a  potential forwarding of orders and/or with the purchase of Goods and Services from parties other than the Seller, to check the general conditions of sale applied by the latter. The Seller can not in any way be held responsible for the supply of Goods or Services by third parties.

1.6 In the event that the subject who purchases Products on the Site requires the issuance of an invoice and/ or in any case is not a “Consumer” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the regulation about consumer withdrawal will not be applied according to art. 8 of these General Conditions as well as, more generally , the provisions that apply only to “consumers” in accordance with the same Consumer Code.

1.7 For information on the processing of Customers personal data, please refer to the content of the Privacy Policy.

 

  1. Information about the closing of a Contract

 

2.1 The Seller informs the Customer about the following :

 

 

 

 

–  in order to close a purchase contract of one or more Goods on the Site, the Customer has to make a Purchase Order of the Goods, filling an  electronic order form and sending it  electronically to the Seller, following the instructions appearing on the Site;

– the Contract is closed when the Buyer receives from the Seller the confirmation e-mail of the Purchase Order at the e-mail address given. This confirmation message will contain the date and time of execution of the order and a “Customer Order Number”, to be used in any further communication with melestone.it and to be used in the purpose of the bank transfer.

– before proceeding with the transmission of the Purchase Order, the Buyer can identify and correct any data errors  by following the instructions on the Website at the various stages of the purchase;

– registration credentials (e-mail address and password) must be used exclusively by the Customer and can not be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them.

2.2 By transmitting the Order, the Customer accepts and undertakes to observe, in the relationship with the Seller, these General Terms and Conditions of Sale and the additional information contained on the Website, including the Privacy Policy, also referred to through links and made always easy-to-access .

2.3 In any case, the Seller reserves the right to evaluate the acceptance of the Orders received and not to accept the Purchase Orders that are incomplete or incorrect or in case of unavailability of the Goods. If the Seller does not receive the payment within 5 days following the sending of the order confirmation email,  he will send the Customer an e-mail of payment request. If after 5 more days from the sending of the reminder email the Customer has not made the payment, the contract is considered automatically terminated (Article 1454 of the Italian Civil Code )

  1. Site Registration and Purchase Order of the Goods

 

3.1 Purchase Orders can be made directly on the Site, only by adults who are not in conditions of legal incapacity.

3.2 The Customer who wants to make  Purchase Orders of the Goods can register on the Website and enter the requested data. In any case, it is necessary to provide the Seller with an effective e-mail address through which all  mandatory information can be forwarded to the Customer, as well as the communications provided  in these General Conditions of Sale or in any case concerning the Purchase Order of the Goods.

3.3 The description of the characteristics of the Goods that can be purchased, together with one or more photographic images that allow a correct representation of the Goods, is available on the Site, in the Purchase Order and in the Order confirmation sent to the Customer at the end of the purchase procedure.

3.4 The images and descriptions in each Good Sheet reproduce as closely as possible the characteristics of the Goods but they are always be considered as  being indicative.

 

 

 

For the purpose of the purchase contract, the descriptions of the Product fiche contained in the Purchase Order of the Goods sent by the Customer shall prevail. It is understood that the image accompanying the description of a Good may not be fully representative of its characteristics but slightly different even if reproduced in photographic studies, the tone can be different  depending on the type of light used in the studio “warm light / cold light / distance between the Good and the surrounding lighting and the type of camera used.

The images of the products are indicative and not binding.

3.5 In order to view the selected Goods and their total price, click on the cart icon. The Customer is requested to verify the accuracy of the contents of the cart before confirming the Purchase Order of the Goods, entering the required data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these General sales conditions.

3.6 The Customer has the right to make changes or correct any errors before sending the Purchase Order to the Seller following the instructions contained on the Website.

3.7 The customer, before the shipment is done by the Seller, can cancel the order by promptly communicating to info@melestone.it and then contacting our operator at the number: 0039 328 831 0000.

  1. Prices

4.1 All prices of the goods published on the Website are expressed in Euro and are inclusive of VAT. Delivery costs (which can change depending on the delivery method chosen and/or in relation to the method of payment used and the quantity/weight of the goods), are specifically indicated (in Euro and inclusive of VAT) in the Product fiche, in the Purchase Order and in the e-mail confirmation of the Order sent to the Customer.

4.2 The prices of the Goods published on the homepage or in the different  sections of the Website are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Goods if the country is  different from Italy; in this case they  will be charged to the Customer. The Seller reserves the right to change the prices of the Goods listed on the Site at any time. However, any changes to the prices of  Goods will not be effective for  Customers who have already forwarded an Order.

4.3 In the event that a Good is offered on the Site at a discounted price, the Site will indicate the full reference price  regarding which the discount has been calculated and  the Good to which the full reference price corresponds.

4.4 For the smaller islands or disadvantaged places, a supplement may be provided which will be indicated before the closing of the order. Alternatively, the goods are always available free of charge in storage. Click here to download the list of uncomfortable location

 

 

 

 

 

 

 

  1. Payment and billing.

 

5.1 Payment can be made in Euros using one of the payment methods indicated on the Website and listed below.

5.2 Credit card: the confidential data of the credit card (card number, holder expiry date, security code) are encrypted and send to the payment manager. In this way, the Seller has never  access to the Customer’s credit card data and has no possibility to store them and even in the case the Seller saves the Credit Cards, the only data stored are the credit card  holder’s names.

5.3 PayPal: the payment of the Goods purchased on the Website can be made using the PayPal payment solution. If the customer chooses PayPal as a means of payment, the same is redirected to the www.paypal.it website where he can make the payment of the Goods according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed by the Customer with PayPal . The personal data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not in a position to know and does not store in any way the data of the credit card connected to the Customer’s PayPal account or the data of any other payment instrument connected to that account.

5.4 Cash on delivery : by choosing this method, payment is made to the Courier upon delivery of the product. melestone.it reserves the right to request payment only by electronic means (credit cards, pay pal and bank transfer) in the event that, on the occasion of a previous purchase, the Customer has not provided for the withdrawal of the products for which it was intended cash on delivery, 10 days after receiving the notification email of the stock of the Goods.

5.5 Bank transfer: during the purchase process, it is possible to select the bank transfer as payment method. The IBAN to be used to make the transfer is indicated in the “payments” section of the Website.

 

  1. Delivery of Goods

6.1 Following the confirmation of the Purchase Order sent to the e-mail address indicated, the Customer can follow the delivery of his Order on the web.

6.2 For any information regarding delivery, the Customer may contact the Seller’s Customer Service, whose contacts are indicated in the “Terms and Conditions of Use” contract.

6.3 The deliveries of the Goods are carried out only within the territory of the European Union. The delivery obligation is understood to be fulfilled after the transfer to the Customer of material availability or in any case, of control of the Goods.

6.4 Delivery costs are always charged to the Customer. The amount of delivery costs due by the Customer in relation to a specific Purchase Order is expressly and separately indicated (in Euro and inclusive of VAT) on the Site during the purchase process, in the Order and in the order confirmation e-mail.

 

 

 

6.5 The terms within which the Seller undertakes to deliver the Goods will be indicated  during the purchase process, before the Customer sends the Purchase Order, taking into account the area and mode of delivery, as well as the possibility that the Customer purchases more Goods with the same Order.

6.6 The shipping terms start from the time of payment (made electronically). In the event that payment is made by cash on delivery, the Customer may be contacted for further confirmation of the order.

6.7 In the case of delivery at the address indicated by the Customer in the Purchase Order, the Goods purchased on the Site will be sent and delivered by the courier on the Website, to the postal address indicated by the Customer, according to the costs and terms indicated on the Website during the purchase process, before proceeding with the transmission of the Order.

It is also possible to benefit from of a  Delivery notice which is an additional service that allows Customers   to know, in advance, the delivery time of their goods paying a supplement of 5 euros at the time of delivery .

6.8 If after the three delivery attempts by the courier it had not been possible to deliver the Goods, melestone.it sends an e-mail to the Customer to inform that the Goods are in storage. From this moment the customer has 10 days to collect the Goods at the storage facility, after which melestone.it has the right to take back the Goods by returning to the customer the sum paid by the customer with the exception of shipping costs as anyway borne by the Customer.

6.9 melestone.it will not be responsible for the non-delivery or delayed delivery due to force majeure, such as strikes, provisions of the Public Authority, rationing or scarcity of energy or raw materials, transport difficulties, fires, floods, heavy snowfall, flooding and damage to industrial machinery not dependent on melestone.it.

melestone.it will promptly notify the Customer of the occurrence of a force majeure case.

6.10 In the event that the Customer is a Consumer he has the right to exercise the termination under the terms and conditions set forth in the following point 8 of these General Conditions of Sale.

6.11 It is not possible for the Customer to choose the courier. In the event that the Customer is a Consumer, the art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) will be applied,  according to which the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third person designated by him and different from the carrier, physically enters the property.

6.12 All costs of delivery of the Goods are charged to the customer. Deliveries are normally made by courier. melestone.it has the right, at its sole dicretion, to carry out the

delivery of the Goods ordered by a different courier instead of the one indicated on the Site or  by other means that it deems appropriate.

 

 

 

 

 

6.13 Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Goods, nor to claim compensation or indemnity of any kind.

6.14 The delivery terms indicated by melestone.it refer to the Goods available in their warehouses and, although carefully evaluated,they  must be considered non-binding for melestone.it, which can subsequently confirm or modify them, according to their actual needs. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Goods, nor to claim compensation or indemnity of any kind.

6.16 melestone.it has the right to make the delivery of the Goods (even contained in the same order) in several successive deliveries . In this case , there will be only one single charge for the Customer as transport costs.

6.17 The customer undertakes, at the time of receiving  the Goods, to verify the amount ogf the Goods as well as to carry out the external verification of the packaging and immediately challenge the carrier any defect or non-conformity giving, at the same time, immediate notice to melestone.it

6.18 Special terms and conditions of delivery must be agreed in advance between the customer and melestone.it and accepted in writing by melestone.it.

 

  1. Compliance of the delivered Goods

7.1 The responsibility of the transport is borne by melestone.it, but in case of damage of the Good occurred during transport, it will remain on the courier.

7.2 It is up to the Customer to check the conditions of the Goods  that are delivered to him. The Customer assumes the risk of non-delivery or damage to the ordered Goods, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and different from the carrier, gets hold of such Goods.

7.3 It is responsibility of the Customer at the time of delivery of the goods to check that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (quality verification). Any damage, must be immediately reported to the courier who makes the delivery (accepting the goods with a prudent reserve to be written in the courier’s DDT: Eg: “box with holes on the side”, “box open and without custom tape”, ” damaged box “, etc.).

7.4 In the event that the Good is damaged during transport, the customer must notify the Seller by e-mail within 24 hours detailing the damages that the Good has suffered. Furthermore, in order to benefit from  the insurance included in the price, any damage must be reported within 24h “working days from receipt of goods” to the following address info@melestone.it, or by registered mail to the address: Via Santuario, 12 – 73020 Cursi (Le)

 

 

 

 

 

 

 

7.5 In any case, at the time of delivery, the Goods must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present manufacturing defects or further conformity defects. In addition to the specific guarantees that may be provided to the Customer together with the Goods delivered, the legal guarantees provided by Italian law are also applicable to the sale of the Goods purchased on the Website.

7.6  In accordance with  art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Goods.

In case of lack of conformity, the Consumer has the right to the restoration of the conformity of the goods by repair or replacement without expenses , or  he has the right to an appropriate reduction of the price or the termination of the contract. The Consumer may, at his option, ask the Seller to repair the good or to replace it, without charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome .

In the event that the package shows evident signs of tampering or alteration, it is also recommended that the Customer should promptly inform Customer Service at the address indicated below.

The guarantee of legal conformity of the goods, provided for by articles 128 ss. of the Consumer Code, is equal to 24 months: specifically, the Seller is responsible, in accordance with Article 130, when the lack of conformity occurs within the period of two years from delivery of the Goods. It is understood that the Consumer loses this right if he does not report to the Seller  the lack of conformity within 2 (two) months from the date on which he discovered the defect (Article 132 of the Consumer Code).

7.7 The Consumer’s request for the guarantee of conformity of the Goods must be communicated to the Seller by contacting Customer Service at 00 39 328 831 0000.

7.8 melestone.it guarantees only the material integrity of the Goods at the time of delivery. Any defects covered by the Warranty melestone.it must be reported by the customer, under penalty of revocation, no later than 10 (ten) days from the date of delivery. In case of operation of the warranty, the Customer will have the right to only replace the damaged Goods upon return of the same, being excluded the right of the Customer to compensation for any, even further damage. The shipping costs necessary for the replacement of Goods are borne by melestone.it.

7.9 Subject to the provisions of the above article 7.8 , melestone.it does not offer any additional warranty on the Goods  compared to that provided by the individual Manufacturers. Technical assistance and warranty interventions on the Goods are carried out, if  provided, by the individual producers, according to the terms and procedures indicated in the documentation attached to the Goods themselves. In particular, melestone.it does not give any guarantee regarding the compatibility of the Goods  with other products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Goods for the specific use envisaged by the Customer.

7.10 Without prejudice of the hypothesis of willful misconduct or gross negligence of melestone.it, it is already agreed that, if any responsibility of melestone.it towards the Customer is ascertained – including the case of total or partial non-fulfillment of the obligations assumed by melestone.it towards the Customer due to the execution of an order – the responsibility of melestone.it can not be higher than the price of the Goods purchased by the Customer and for which the dispute arose.

 

  1. Right of the Customer withdrawal

8.1 If the Customer is a Consumer, he may exercise the right of withdrawal according to articles 52 and ss. of the Legislative Decree n. 205/2006 (Consumer Code) within ten days from the day on which the Consumer himself or a third party, other than the carrier, and designated by the Consumer, acquires physical possession of the Good. In  the case of multiple Goods ordered by the Consumer through a single order  and delivered separately, within ten days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Good.

8.2 To exercise the right of withdrawal, it is sufficient to inform us of your decision to withdraw from this contract through an explicit declaration, such as a registered mail sent to the following address: Apulia Stories – Via Santuario 12 – 73020 Cursi (LE), or by opening a ticket in the “Right of withdrawal” section at the following address …………………….. and filling out the form in the indicated section.

8.3 In order that the withdrawal or the return  can be accepted by the Seller, the Goods must be returned within the peremptory period of 10 (ten) days from the date on which the Customer has notified the Seller that he wants to withdraw from the purchase or that he wants to make the return by sending of the withdrawal form .The Goods must be in compliance with all the following conditions:

– the Goods must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);

– the Goods must be accompanied by the receipt of purchase;

– the Goods returned by the Customer must not have been opened, used, damaged, but may have been manipulated and inspected to establish their nature and characteristics;

– any damaged products that are the object of the return must be returned as received from the Customer, without him making any changes, manipulations or attempts to repair them.

8.4 In case of withdrawal, all payments made to the Seller are refunded to the Customer (with the exception of the direct cost of returning the goods and those costs incurred for cash on delivery), according to the payment methods chosen for the purchase , in relation to the product for which the withdrawal was exercised. The trader can withhold the reimbursement until he has received the Goods or until the consumer has demonstrated that he has sent back the Goods, depending on which situation occurs first (Pursuant to Article 57 of Legislative Decree 206/2005 Consumer Code).

Pursuant to art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the Consumer is solely responsible for the decrease in the value of the goods resulting from a handling of the Goods other than that necessary to establish the nature, characteristics and functioning of the assets.

The reimbursement is made according to the method of payment chosen by the Customer and does not involve any additional cost for the Customer.

 

 

8.5 In case of payment on delivery, the Customer must indicate the Iban on which he wants to be reimbursed the purchase costs incurred.

8.6 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by melestone.it. Subsequently the Customer can send the Good back to the following address: Via Santuario 12 – 73020 – Cursi (Le).

8.7 Once received the Goods(and verified their integrity) melestone.it will, as soon as possible, to credit the cost of the returned Goods (as indicated on the invoice), withholding the amount of shipping costs that will remain permanently charged to the customer.

 

  1. Complaints

9.1 If you have a complaint against melestone.it following the purchase of a Good or  a Service and could not be resolved by contacting our Customer Service, remember that you have the opportunity to present it through the platform ODR (Platform for Online Dispute Regulation), managed by the European Commission. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

 

  1. Limitation of liability

10.1 Outside of cases of willful misconduct or gross negligence, the Seller is in no way responsible towards the Customer for direct or indirect damages that may derive from the purchase of Goods offered for sale on the Site.

10.2 The Seller also declines any contractual or non-contractual liability for direct or indirect damages caused by the non-acceptance or evasion, even partial, of an Order.

 

  1. Competent court

Without prejudice to the possible applicability of mandatory provisions of law to protect consumers (as defined under Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute in any case connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Lecce.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the Melestone.it General Conditions of Sale.

 

  1. Privacy

12.1 The Customer can always obtain information on how the Seller  deals with his personal data by accessing the Privacy Policy available on the Website.

12.2 Apulia Stories adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link https://www.aicel.org/codice-etico-dei-merchant-aicel.