Terms & Condition

1. INTRODUCTION

This document (together with the documents mentioned therein) contains the conditions governing the use of this website ( www.mellab.it) and the purchase of the items it contains (hereinafter the “Conditions”). Please carefully read these Conditions, the Cookies Policy and the Information on Personal Data Protection (hereinafter jointly the “Data Protection Policies”) before using this website. We inform you that the use of this website or the transmission of an order through it, implies acceptance of these Conditions and Data Protection Policies, so if you do not agree with all the above Terms and Conditions Data Protection Policies, please do not use this website. The Contract (as defined below) may be finalized, at your option, in any of the languages ​​in which the Conditions are available on this website.

2. OUR DATA

The sale of products through this site is managed by Mellab Srls with registered office in, Via Roma 65 – Labico, VAT No. 13953321000, telephone number, e-mail address: info@mellab.it , contact details available in the section “Contacts” on this site www.mellab.it .

3. YOUR DATA AND ITS ACCESSES TO OUR WEB SITE

The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and / or data Personal data supplied to us is accurate and truthful.

4. USE OF OUR WEB SITE

By using this website and / or placing orders through it, you agree to: (i) make use of the website only to make legally valid consultations or orders; (ii) not to make false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been made, we will be authorized to cancel it and inform the competent authorities; (iii) provide us with your e-mail address, postal address and / or other contact details truthfully and correctly. Likewise, you consent to our use of this information to contact you (if necessary, please read the Information on Personal Data Protection). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are older (aged 18 and up) and have the legal right to enter into binding contracts.

5. PROCEDURE FOR IMPROVING THE CONTRACT

The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but a mere invitation to make a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount will be returned to you in its entirety. To place an order, you must follow the online purchase process and click on “Authorize payment”. Subsequently, you will receive an e-mail confirming receipt of your order (the “Order Confirmation”). It is understood that this will not lead to the acceptance of your order as it constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval which will be notified by sending an e-mail confirming that the order is being shipped (the “Shipping Confirmation”). The order details will be summarized in the electronic receipt attached to the Shipping Confirmation. (the “E-Ticket”). The contract for the purchase of a product between us and you (the “Agreement”) will be concluded only when we send you the Shipping Confirmation. Only the products indicated in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other product that has not been ordered until confirmed in the Shipment Confirmation that this product has been shipped.

6. AVAILABILITY OF PRODUCTS

All product orders are subject to their availability. In this sense, in case of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to quality replacement products of equal or greater value, which you can decide to order. If you do not wish to place an order for these replacement products, we will reimburse you for any amounts already paid by you.

7. REFUSAL OF PROCESSING AN ORDER

We reserve the right to remove any product from this website at any time and / or to delete or modify any material or content of the same. Although we will always do our best to follow up on all orders, there may be exceptional circumstances that oblige us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time. We decline any responsibility towards you or towards third parties for the removal of any product from this website, for the elimination or modification of any material or content of the website, or for failure to process the order after sending of the Order Confirmation.

8. DELIVERY

Without prejudice to the provisions of the previous article 7 and except where extraordinary circumstances occur, we undertake to do everything in our faculties to send the order of the product (s) indicated in the relevant Shipping Confirmation by the date indicated in that Shipping Confirmation or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. However, delays may occur for various reasons such as product customization, unforeseen circumstances or the delivery area. If for any reason we are not able to comply with the delivery terms, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent repayment of the entire amount paid . Please note that home deliveries are not made on Saturdays and Sundays. For the purposes of these Conditions, the “delivery” shall be understood as having taken place or the order “delivered” by the acquisition, by You or by a third party indicated by you, of the material availability or in any case the control of the products, which will be proven by signing the order receipt at the agreed shipping address.

identity document. Since this is a distance selling contract, if your purchase was made through the “immediate delivery” service, these Terms will apply, as well as any other applicable legislation.

10. IMPOSSIBILITY OF DELIVERY

If it is not possible for us to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice which will specify the place where you find your order and how to arrange a new delivery. If you are not able to be present at the place of delivery at the agreed time, we ask you to contact us again to arrange a new delivery date. If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract which will therefore be terminated. As a result of the termination of the Contract, we will return all the amounts paid by you, including delivery costs, within 14 days from the date of termination of the Contract. Please note that transportation resulting from the termination of the contract may have additional costs that will be borne by you.

11. PASSAGE OF THE RISK AND OWNERSHIP OF THE PRODUCTS

The risks relating to the products will be borne by you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurred at a later time .

12. PRICE AND PAYMENT

12.1 Price. The price of the products will be as indicated from time to time on our website, except where there is an obvious error. Although we are committed to doing everything in our faculties so that all the prices that appear on the site are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order for the right amount or cancel it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded. We will not have the obligation to provide you with the product (s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price was obvious and unequivocal and therefore if it were possible for you to identify it reasonably as incorrect. The website prices are inclusive of VAT, but do not include shipping costs, which are to be added to the total amount to be paid.

Shipping fees. Prices may change at any time; however (except where previously established) the possible changes will not affect the orders for which we have already sent an Order Confirmation. Once you have selected the items you wish to purchase, these items will be added to your shopping cart and the next step will involve order completion and payment. To this end, it must follow the instructions for the purchase, entering or verifying the information requested in each step of the purchase process, requesting the issuance of the invoice, if desired. Furthermore, you can change the details of your order at any time during the purchase process before payment. You can find a detailed description of the purchase process in the Purchase Guide. 12.2 Payment. However, you can pay with Visa, Mastercard, PostePay, American Express credit cards, however, through the PayPal secure payment system. The charge will take place during the order confirmation. Clicking on “Authorize Payment” will confirm that the credit card is your property. Credit cards will be subject to verification and authorization by the issuer of the same, but if such entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to enter into any Contract with you.

13. VAT (VALUE ADDED TAX)

In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT).

14. RETURN POLICY / EXCHANGES

14.1 Right of withdrawal by law Right of withdrawal

If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without giving any reasons. The withdrawal period referred to in the preceding paragraph ends after 14 days starting from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last good. To exercise the right of withdrawal, you must send us an email to info@mellab.it To comply with the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired .

Effects of withdrawal. If you withdraw from the Contract, you will be reimbursed for all payments made to us, including delivery costs (except for additional costs resulting from your choice of a delivery type other than the least expensive standard delivery type from us offered), without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract. These refunds will be made using the same payment method you used for the initial transaction. In any case, you will not incur any fees as a result of such reimbursement. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until your demonstration of having sent back the goods, whichever is earlier. Please send the goods back to the store in Via Boccea 611 Rome. without undue delay and, in any case, within 14 days from the day on which you notified us of your withdrawal from the Contract. The deadline is met if you send back the goods before the 14-day period expires. the direct costs of returning the goods will be at your expense. You are only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

14.2 Conventional right of withdrawal

In addition to the right of withdrawal granted by law to consumers and users referred to in Article 15.1 above, we will grant you a 14-day term starting from the date of receipt of the Shipping Confirmation to return the products (except for products indicated in the following article 15.3, for which the right of withdrawal is excluded). If you return the products within the deadline for exercising the right of withdrawal, but after the deadline for exercising the right of withdrawal by law, you will be refunded only the amount paid for these products. Except in the event of redelivery at the sales points, the direct costs of returning the goods will be at your expense. You can exercise your right of withdrawal in accordance with the provisions of the previous article 15.1, it being understood that if you inform us of your intention to withdraw from the Contract after the deadline for exercising the right of withdrawal by law, you must, in any case, deliver us the goods within 30 days from the date of receipt of the Shipping Confirmation.

14.3 Common provisions

You may not exercise the right to withdraw from the Contract which has as its object the supply of personalized goods or sealed goods that do not lend themselves to being returned for hygienic reasons and have been opened after delivery. Your right to withdraw from the Contract will be applied exclusively to those products returned in the same condition in which you received them. No refund will be made if the product has been used in addition to simple opening and for products that are not in the same condition in which they were delivered or if they have been damaged: we therefore invite you to take care of the products as long as they are in the Your availability and possession. Please return the item using or including in the package the original wrapper, instructions and other documents, if any, that accompany the products. None of these return methods will incur any additional costs for you. (a) If you wish to make use of the possibility of returning the product to the sales points. he will have to go to the store personally and deliver the item together with the electronic receipt he will have received together with the Shipping Confirmation and which will also be available in the “My Account” section. You will be able to present the electronic receipt either in digital format via the screen from your phone or in paper format. The shipping costs will be reimbursed if the right of withdrawal is exercised within the set deadline and all the products subject to the same delivery are returned. The reimbursement will be made as soon as possible and in any case within 14 days from the date on which we announced the intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until your demonstration of having sent back the goods, whichever is earlier. The refund will always be made using the payment method used to make the purchase. You will be responsible for the costs and risks of returning the products, as indicated above. For any questions, you can contact us by writing to info@mellab.it .

Size change. Except as provided in the preceding paragraphs, once the item is received, if you wish to change the size of the product purchased, you can request a size change for the new product, paying only the shipping costs and Paypal commissions again, provided you return the original item in the same condition in which it was delivered, free of damage and within the terms set forth in these Conditions. You can request a size change by accessing the website through the ” orders and returns ” section of the ” My account ”. You will have to select the new size of the previously purchased product and provided that i) is the same product, ii) the price of the product on the site is equal to or greater than the price initially paid (please note that you will not be charged for new products only in this case costs for the selected product). and iii). Please note that the size change option will be displayed as available only if all the above conditions are met. After requesting a change of size, you must choose the return method. You will have to return the item without unjustified delays and in any case within 14 days of sending the request through the website. After choosing the return method, we will send you the new item size within 5 working days from the date of the change request, and in any case within the maximum period of 30 days from the date of the request. The size change option will not incur any additional costs for you besides shipping costs. The new article, in any case, will be governed by the Purchase and Use Conditions, including the right of withdrawal. Please note that if 14 days have passed from the request for a change in size, you will not have returned or delivered the original item, we will be authorized to charge you the costs of the new product, according to the Conditions of Purchase and Use.

14.4 Return of defective products

In the event that you believe that at the time of delivery the product is not in compliance with the provisions of the Contract, you must immediately contact us using our e-mail, indicating the data of the product as well as the damage suffered, or by contacting the number and we will notify you the procedure to follow. You will have to return the product to the address indicated in the electronic document that you will receive together with the Shipping Confirmation or at the points of sale on the site. We will carefully examine the returned product and notify you by e-mail, within a reasonable time, whether we will proceed with the refund or replacement of the product (depending on the case). The refund and / or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending an e-mail with which we will confirm that we will proceed with the refund or replacement of the item unsuitable. The amount paid for the products that will be returned due to damage or defect, if they really exist, will be fully refunded, including the delivery costs incurred for sending the item and returning it from you. The refund will be made through the payment method used to make the purchase. All the rights recognized by current legislation remain unaffected.

15. LIABILITY AND EXEMPTION FROM LIABILITY

Unless otherwise provided for in these Conditions, our responsibility for the products purchased on our website will be limited exclusively to the purchase price of the product in question. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases: a) Cases of death or personal damage resulting from our negligence; b) Cases of fraud or fraudulent activity; or c) Any circumstance in which it is illegal or illegal for us to exclude, limit or try to limit or exclude our liability. Without prejudice to the provisions of the preceding paragraph and to the extent permitted by applicable law, and unless otherwise provided for in these Conditions, we will not accept any liability for indirect damages, such as: i. loss of profits; ii. loss of business volume; iii. loss of earnings or loss of contracts; iv. loss of expected savings; v. data loss; as well as vi. waste of office administration time. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless the contrary is expressly stated. All descriptions of the products, information and materials that appear on the website are provided “as is” and without explicit or implicit guarantees, without prejudice to the law. In this sense, if you are contracting as a consumer or user, we are committed to delivering products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Contract if (i) they comply with the description we provide and possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) show quality and features that are normal in products of the same type and that can reasonably be expected. Within the limits set by the law, we exclude all guarantees, except those that cannot be legitimately excluded with regard to consumers and users. Our products, especially those made by hand, have the natural characteristics of the materials used in manufacturing. Natural features such as grain, surface texture, knots or color variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be foreseen and appreciated. We select only quality products but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product. These provisions do not in any way limit the rights granted to consumers by current legislation or your rights to terminate the Contract.

16. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as an integral part of the website belong to those who have granted us a license to use them. You may use this material only in the manner for which you will receive express permission from us or from those who have granted us license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact data.

17. VIRUSES, PIRACY AND OTHER RISKS OF COMPUTER ATTACKS

You must avoid any improper use of this site as well as avoid the introduction of viruses, Troyan horses, worms, logic bombs or other programs or materials that could cause technological damage. If not authorized, you must not access the website neither to the server with which it is hosted nor to other servers, computers or databases related to our website. It undertakes not to carry out DoS attacks against this website. Failure to comply with this clause could result in violations defined by the relevant legislation. In the event of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Similarly, in the event of failure to comply with this Article, the authorization to use the website will be immediately withdrawn. To the maximum extent permitted by current legislation and in compliance with the fundamental rights of consumers, we decline any responsibility in the event of any damage or loss resulting from a DoS attack, viruses or other program or materials that could cause technological damage to your computer, computer equipment, data or materials as a result of using our website or downloading content from it or redirecting the user to it.

18. LINK FROM OUR WEB SITE

If our site contains links to other pages or third-party materials, these links will be provided for information only, without our control of the contents or materials contained in these pages or sites. Therefore, we decline any responsibility in case of possible damages or losses deriving from their use.

19. WRITTEN COMMUNICATIONS

The applicable legislation provides that some of the information or communications we will send you are in writing. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you via e-mail, or provide you with information by preparing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication, acknowledging that all the contracts, notices, information and other communications that we will provide to you electronically will comply with the legal requirement that provides for the written form for such communications. This provision does not in any way limit the rights recognized by current legislation.

20. NOTIFICATIONS

All communications addressed to us must be sent using preferably our address info@mellab.it . Without prejudice to what is specified in article 20, we reserve the right to send you any communications via e-mail or by post to the address provided at the time of placing the order. The communications will be considered as received and adequately notified respectively when entered on our website, 24 hours after the sending of an e-mail, or three days after the date of shipment. To demonstrate the notification of a communication, it will be sufficient to prove that it was sent to the recipient’s e-mail address.

21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding both for you and for us, as well as for our respective successors and assignees. You may not transfer or assign the Contract in any way, or any of the rights or obligations arising therefrom, without our prior written consent. We will have the right to transfer, assign, sub-contract or freely dispose of in any way and at any time of the Contract, or of any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, sub-contract or other provision of the Contract will have no impact on your rights as a consumer or will void, reduce or in any way limit any of the warranties or responsibility offered by us, explicitly or implicitly.

22. FORCE MAJEURE

We will not be in any way responsible for the non-fulfillment or delay in the execution of any of the obligations referred to in the Contract caused by events that are beyond our reasonable control (“Force Majeure Events”). “Force Majeure Events” means any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to the following: 1. Strikes, lockouts or other labor unrest. 2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war. 3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters. 4. Inability to use railways, sea, air, motor transport or other means of public or private transport. 5. Inability to use public or private telecommunications networks. 6. Acts, decrees, laws, regulations or restrictions of any government. 7. Any strike, disaster, maritime accident, postal or other relevant means of transport. It is understood that the execution of the obligations under the Contract will remain suspended for the duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, although pending Force Majeure Events, we will endeavor to find a solution by which to fulfill our contractual obligations.

23. WAIVER

If we omit, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or of any of the obligations provided by these General Conditions, or even omitted to exercise any of the rights or actions to which we are entitled pursuant to the Contract or these General Conditions, this will not constitute a waiver of these rights or actions and will not relieve you from the fulfillment of the related obligations. Our possible tolerance in the face of your default will not constitute any renunciation to react in the face of a subsequent default. No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of the previous articles 19 and 20.

24. PARTIAL NULLITY

Should any article of the General Conditions, or part of it, or any of the provisions of the Contract, be deemed invalid, unlawful or unenforceable by the competent authority, such article, clause or provision shall be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.

25. INTEGRITY OF THE CONTRACT

These General Conditions, as well as any document to which they are expressly referred to, represent the entire agreement between you and us regarding the subject of the Contract and replace any previous agreement, understanding or agreement between us, whether oral or written. Both you and us acknowledge that, in signing the Contract, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations prior to the Contract, but only on how much expressly stated in these Terms. Both you and we will have the right to remedy any false declarations made by the other party, both orally and in writing, prior to the date of each Contract (unless such false declaration has been made maliciously) and the only actions that the other party may undertake will be for breach of the Contract, as provided in these Conditions.

26. RIGHT OF MODIFICATION OF THESE TERMS

We reserve the right to revise and amend these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a change in the General Conditions or Data Protection Policies should be made in accordance with the law or at the request of a government authority (in which case it will be worth also for orders already transmitted).

27. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through this website are governed by Italian law. For any dispute deriving or relating to the use of the website or to such contracts, the Judge of the place of residence or domicile of the consumer shall have jurisdiction. If he is entering into the Contract as a consumer, this clause does not in any way prejudice the rights that the law recognizes you as a consumer.

28. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send them via our e-mail info@mellab.it . In case of withdrawal, simply send us an e-mail by typing the text as in the example below: With this I notify you of the withdrawal from my sales contract for the following goods: Ordered (*) / received on (*) Consumer name Address of the consumer Signature of the consumer (only if this form is notified on paper) Date (*) Delete the useless wording.

The present general conditions apply starting from 16 September 2019.