Conditions of Use

General terms and conditions of the online shops of Cappelleria Melegari Sas

Company name:

CAPPELLERIA MELEGARI SAS di Anzani Sergio & C. REGISTERED OFFICE: Via Paolo Sarpi, 19 Milan 20154 Tel. +39 02312094 – Fax +39 0392301299 VAT No. IT11014540154 – Companies Register No. 337947, Milan Chamber of Commerce Legal representative: SERGIO ANZANI

1. Contracting parties and limits of validity

(1) The contracting parties within the scope of these general terms and conditions are CAPPELLERIA MELEGARI SAS (hereinafter referred to as “the Seller”) and the consumer customer. (2) All offers, deliveries and services provided by the Seller through the online shop are carried out exclusively in accordance with these general terms and conditions in the version valid at the time of the order. (3) The Seller does not accept any differing conditions of the customer unless expressly confirmed. Individual agreements shall take precedence.

2. Product selection and conclusion of the sales contract

(1) The customer may select and order products on the Seller’s website. On the shop pages, the customer can click on the desired items, which will be collected in a virtual shopping cart. Before submitting the order, the customer has the opportunity to check the accuracy of the order, in particular with regard to prices and quantities of the selected items. (2) The Seller’s offers on the online shop pages are non-binding. By clicking the “submit order” button, the customer places a binding order for the goods contained in the shopping cart. Order confirmation corresponds to the delivery or partial delivery of the ordered goods.

3. Right of withdrawal

Withdrawal instructions
Right of withdrawal The customer has the right to withdraw from the order within 10 days from receipt of the ordered goods, without stating any reasons. Withdrawal must be made in writing (for example, by fax or email). The withdrawal period begins upon receipt of these instructions in written form. Once the return has been agreed, the goods must be shipped within the time limits established by law. Attention: For items marked on the pages as handmade products made on request and custom-made, in accordance with the law, no right of withdrawal is provided. To meet the deadline, timely dispatch of the withdrawal notice is sufficient. The withdrawal must be addressed to: Cappelleria Melegari Sas Viale Fulvio Testi, 8 20125 Milan ITALY

Consequences of withdrawal

In the event of an effective withdrawal, the performances received by both parties must be returned. If the returned goods are in worse condition, the customer may be required to compensate for the corresponding loss in value. To avoid this, it is recommended to examine the goods for possible defects before putting them into use, as would have been possible in a physical store. The customer is not required to pay compensation if the deterioration results solely from proper use of the goods. The customer must bear the return shipping costs. The Seller must refund payments within 30 days of receipt of the withdrawal declaration and in any case not before receipt of the returned goods. For the customer, the period begins with the dispatch of the withdrawal notice or the return of the goods; for the Seller, the period begins with receipt of both the withdrawal notice and the returned goods. In accordance with the law, NO right of withdrawal is provided for all products made on request, custom-made and personalized. End of withdrawal instructions

4. Payment and shipping conditions

(1) The purchase price must be paid at the time of ordering. All prices include VAT and packaging. (2) Shipping costs are charged separately. For more detailed information, please refer to the “shipping information” in the box on the left side of the home page. (3) In the event of late payment, the Seller is entitled to charge default interest of at least 5% per annum above the applicable base interest rate. The Seller reserves the right to prove further damages. (4) The ordered goods are shipped via SDA and, where applicable, via POSTE ITALIANE to the delivery address specified by the customer. For more detailed information regarding shipping times, see the “shipping information”. The ordered goods are usually shipped on the day payment is received, but no later than 10 days thereafter.

5. Warranty

(1) The warranty for consumers follows statutory provisions. For the purchase of new goods, the limitation period of two years begins on the date of delivery. For the purchase of used goods, the limitation period is one year, subject to point 6 of these conditions. If the customer purchases as a business entity, the warranty is limited to one year. (2) The warranty does not cover defects caused by normal wear and tear or improper use of the goods. The manufacturer’s instructions for use and care must be observed. (3) In the event of a defect, the customer has the right to request either repair of the defect or replacement of the goods. If the Seller refuses both repair and replacement due to disproportionality, or if repair or replacement fails, the customer has the right to withdraw from the sales contract or to demand compensation or a reduction of the purchase price.

6. Liability

(1) In accordance with statutory provisions, the Seller shall be liable without limitation for damages to life, body or health resulting from negligent or intentional breach of duty by the Seller, its legal representatives or agents. The Seller is also liable for damages covered by product liability law and for all damages resulting from negligent or intentional breach of contractual obligations or intentional misconduct by the Seller, its legal representatives or agents. If the Seller has guaranteed the safety and durability of the contractual item or parts thereof, it shall also be liable within the scope of such warranty. The customer shall be liable for damages resulting from the lack of guaranteed safety or durability which do not occur directly to the contractual item only if the risk of such damage is clearly included in the warranty for safety and durability. (2) The Seller is also liable for damages caused by simple negligence if such negligence concerns the breach of essential contractual obligations or a fundamental duty. The same applies if the customer is entitled to claim damages in lieu of performance. However, the Seller shall only be liable for damages that are contract-related and typically foreseeable. (3) Any further liability of the Seller, regardless of the legal basis of the claim asserted, is excluded; this applies in particular to tort claims and claims for compensation for wasted expenditure in lieu of performance. This does not apply to the Seller’s liability pursuant to Article 3, paragraph 3 of these terms. Where the Seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, agents, collaborators, representatives and assistants.

7. Retention of title

It is expressly agreed that the Seller retains ownership of the goods until full payment of the purchase price has been made.

8. Applicable law

The legal relationship is governed by the laws of the Italian Republic, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumer customers, this choice of law applies unless it deprives them of the protection afforded by mandatory provisions of the law of the state in which the customer has their habitual residence.

9. Data protection

The Seller respects and protects customer data, which are used exclusively in accordance with the provisions of Italian law.

10. Final provisions

If any provision of these terms is or becomes invalid, all other provisions shall remain effective. The contracting parties shall replace the invalid provision with one that most closely reflects the intent of the parties. For any clarification, please contact us at: info@cappelleriamelegari.com