These General Conditions of Sale regulate the purchase, via electronic means, of the Products presented on the Site www.fratellimerolla.it (hereinafter also just the “Site”), managed by F.lli Merolla & Co. Società Cooperativa Agricola (hereinafter “F.lli Merolla”), with headquarters in Via Bernardino Verro 2, 20141, Milan (ITALY), registered with the Milan Company Register, Fiscal Code and VAT number: 05212040652.
These General Conditions of Sale constitute an integral and essential part of the purchase contract for any Product.
These General Conditions of Sale exclusively regulate sales contracts concluded through the Site www.fratellimerolla.it between users of the Site itself and the F.lli Merolla company. On the contrary, these Conditions do not regulate the provision of services or the sale of products by parties other than F.lli Merolla, who can be reached through the Site via hyperlinks, links or banners. F.lli Merolla is therefore not responsible for the provision of services and/or the sale of products by such third parties nor is it responsible for the content of the websites that can be consulted through said links, without carrying out any control and/or monitoring.
Furthermore, it is specified that the provisions of the General Conditions of Sale that refer to Consumers (as defined below) will apply exclusively to subjects who fall within the relevant definition. Consumers will benefit, in particular, from all the protections provided in the event of the conclusion of distance contracts pursuant to Title III, Section II, of the Legislative Decree. 6 September 2005, n. 206 ("Consumer Code"), as well as all the additional protections mandatorily provided for in favor of Consumers by the Consumer Code itself and by any other applicable law.
F.lli Merolla is available - even by telephone - to offer Customers (as defined below) any clarification or information regarding the content of the General Conditions of Sale and the Contract (as defined in the following Section 1.2) and the related regulations, as well as in relation to any complaint or information about the Products. If the Customer decides not to make use of the Customer Assistance service, all rights and faculties recognized to the customer by law remain in any case without prejudice. As for saving and printing the General Conditions of Sale and the possibility of viewing the text of the Contract, please refer to Section 2 of these General Conditions of Sale.
Customer Service: +39.08.15285266
Available from Monday to Friday (9am-1pm and 2pm-6pm)
1.1 These General Conditions of Sale apply to all Orders relating to the purchase of Products forwarded to F.lli Merolla through the Website www.fratellimerolla.it
1.2 The following definitions apply within these General Conditions of Sale:
“Consumer”: any natural person who places an Order for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out;
“Professional”: any natural or legal person who places an Order in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary;
“Customer”: depending on the case, a Consumer and/or a Professional;
“Site”: the website www.fratellimerolla.it;
“Product”: any product offered by F.lli Merolla & co. for a fee or free of charge to the Customer through the Site;
“Contract”: any agreement between F.lli Merolla and a Customer regarding the purchase by the latter of one or more Products, concluded, depending on the means used, according to the methods set out in Section 3.3 or Section 3.4;
“Working day”: any day of the week, with the exception of Saturdays, Sundays and public holidays pursuant to Italian law and the Ambrosian holiday of 7 December;
“Order”: any proposal regarding the purchase of one or more Products, formulated by the Customer towards F.lli Merolla according to the methods set out in Section 3.3
- Download and consult the terms and conditions of the Contract
2.1 The Customer may save and keep a copy of these General Conditions of Sale, as well as all the documents that make up the Contract relating to the Products purchased on the Site, using the normal functions of their browser (e.g.: "File" - > “Save as”). It is also possible to download these General Conditions of Sale in PDF format and archive them by clicking HERE. To view the PDF file you need to use the free Adobe Reader program (www.adobe.it) or other equivalent programs compatible with the PDF format.
2.2 In addition, the Customer will be able to archive the data of his Order, either by using the functionality of his browser, in accordance with the provisions of the previous article 2.1 and saving the data summarized in the last web page preceding the forwarding of each Order, or by waiting the Order Confirmation email that F.lli Merolla will send, following the submission of the Order, to the email address indicated by the Customer. This confirmation email will contain the data of the Order submitted by the Customer, in addition to these General Conditions of Sale. This information can be easily printed or saved using the functions of your email program.
2.3 The data of each Order will be saved by F.lli Merolla on its systems. In order to preserve the confidentiality of such information, access to it by the Customer will be permitted only after authentication in the reserved area of the Site called "My account", through the insertion by the Customer of specific login credentials. access that will be granted to you upon registration on the Site itself. F.lli Merolla advises its Customers to change these credentials immediately after the first login. In this reserved area, by entering their credentials, the Customer will be able to consult the Contracts already concluded, the pending Orders and those just forwarded, as well as update and save their contact details, any bank details and/or data relating to the subscription to the newsletter service and any other data and information provided. The Customer undertakes to treat their access credentials to the aforementioned reserved area of the Site in a confidential manner, not to make them available to third parties and to modify them periodically in order to prevent any abuse by third parties.
- Conclusion of the Contract
3.1 The Contracts relating to the purchase of the Products will be stipulated exclusively in the Italian language.
3.2 The presentation of the Products on the Site constitutes an invitation to users of the Site to formulate a purchase proposal towards F.lli Merolla. These invitations to offer are not binding for F.lli Merolla and, in particular, do not constitute offers to the public pursuant to and for the purposes of the art. 1336 of the Italian Civil Code, remaining in the full discretion of F.lli Merolla, every decision regarding the acceptance of the proposals possibly formulated by the Customers, also depending on the actual availability of the Products and the place where they must be delivered.
3.3 Conclusion of the contract via the internet
3.3.1 To proceed with the purchase of one or more Products via the Internet, it is not necessary for the Customer to register in advance on the Site, it being sufficient for them to provide F.lli Merolla, in compliance with the applicable provisions on data protection personal, all data necessary to allow F.lli Merolla itself to accept and execute the Orders submitted, authorizing it to process it also pursuant to Legislative Decree 196/2003 and subsequent amendments and additions.
3.3.2 Once logged in to the Site, the Customer will be able to select one or more Products which he intends to purchase, placing them in a virtual "cart", of which he can always view or modify the contents before proceeding with the purchase. forwarding the Order.
3.3.3 By clicking on the "Proceed to purchase" button, the Customer will start the Order submission procedure. In the phase of formulating the Order and until its actual forwarding, the Customer will, however, have the possibility to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information.
3.3.4 By clicking on the "Proceed with the Order" button, at the end of the procedure started pursuant to the previous paragraph 3.3.3, the Customer will forward the Order to F.lli Merolla. Each Order forwarded according to these methods must be understood, for all intents and purposes, as a contractual proposal from the Customer. The Customer's submission of the Order will be promptly followed by confirmation from F.lli Merolla regarding receipt of the Order itself, by sending an email to the email account communicated by the Customer. By sending this e-mail, F.lli Merolla will also inform the Customer whether the Order can be accepted or not (the Order Confirmation).
3.3.5 F.lli Merolla will have the right to accept or reject the Orders received without, in the event of non-acceptance, the Customer being able to advance rights or claims against F.lli Merolla in any capacity. The Order will in any case be considered accepted - and consequently the Contract concluded - at the moment in which the Customer receives, on his e-mail address, the e-mail containing the confirmation of acceptance of the Order by F. lli Merolla.
3.4. Before proceeding with the submission of any Order, the Customer is invited to read these General Conditions of Sale with the utmost attention.
- Information and guarantees on the products on sale
The Products offered by F.lli Merolla on the Fratellimerolla.it website are usually in stock at the time of the Order. Having said this, the actual availability of a Product is only indicative, depending among other things on the number and size of orders placed by Customers in the very short term. Orders may therefore be subject to quantity limitations and the Products are offered within the limits of actual warehouse availability. In case of lack of one or more Products, this will be promptly communicated by F.lli Merolla, which reserves the right to propose to the Customer to modify the Order placed or to cancel it, in the latter case returning any amount paid by the Customer in the days immediately following and in any case within a maximum of 14 days from the date of payment.
4.1 The Products offered by F.lli Merolla on its Site are exclusively Products considered "premium" and of first quality. These Products are the result of scrupulous and constant research and are purchased directly by F.lli Merolla from agricultural companies, olive growing companies, producers and retailers carefully selected for their attention and care in producing and marketing top quality products and for rigorous quality control . F.lli Merolla does not sell irregular, counterfeit or lower quality products than the corresponding standards on the market.
4.2 All information and indications contained on the labels of the Products offered by F.lli Merolla (and, in general, on the Products) are handled by the individual manufacturing companies, which alone guarantee their correctness and truthfulness. F.lli Merolla continuously selects the companies that produce products with the highest quality standards but, while implementing checks on the truthfulness of the information contained on the labels, it is not responsible and does not guarantee in any way for the information contained on the labels and that these fully reflect the characteristics of the product. For any report, contact us directly via e-mail at email@example.com and F.lli Merolla will take care to contact the manufacturer to request any further guarantee or additional information requested and to report any irregularities to the competent authorities.
4.3 The essential characteristics of the Products offered by F.lli Merolla are presented with specific product sheets, visible directly on the Fratellimerolla.it website. The images of the Products for sale on F.lli Merolla may not be perfectly representative of their characteristics, but may differ in colour, size, accessory products or otherwise, also due to the characteristics of the Internet browser and/or the monitor used. This purchase support information is therefore to be understood as generic and purely indicative information material.
6 - Price and shipping costs
The prices of the Products published on the homepage and in the various sections of the Site are inclusive of VAT, but do not include any taxes, duties and duties applicable in the country of destination of the Products (where this is different from Italy), which will be borne by the Customer .
F.lli Merolla reserves the right to change the prices of the Products shown on the Site at any time. However, any changes to the prices of the Products will not be effective for Customers who have already placed an Order.
The price for the purchase of the Products also includes shipping costs, which will be visible or communicated separately.
Shipping costs are published in the specific section of the Site and include VAT. F.lli Merolla reserves the right to modify at any time the shipping costs of the Products which are shown on the Site. Any changes to the shipping costs of the Products will, however, not be effective for Customers who have already sent a Order.
6.1 The Customer will pay the price of the products ordered in full when placing the Order. It is understood that, in the event of non-acceptance of the Order by F.lli Merolla, it will reimburse the Customers, in the days immediately following payment and in any case promptly, any amounts paid by them.
As part of the Order submission process, F.lli Merolla may propose, at the latter's complete discretion, different payment methods, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment via the protected “Paypal” system, payment by prepaid card (e.g. “Postepay”). The Customer will be required to indicate the payment method, among those proposed by F.lli Merolla, which he intends to use.
6.2 All financial information and data necessary for the transaction will be transmitted, via encrypted protocol, to Braitree.com, American Express, Pay Pal or other banks, which provide the relevant remote electronic payment services, without third parties having access to them . This information will never be used by F.lli Merolla, except for reasons related to the correct execution of the contract, such as for example to complete the procedures relating to the Customer's purchase or to issue the relevant refunds in your favor in the event of any returns of the Products, following the exercise of your right of withdrawal, or if it is necessary to protect your rights or prevent and report the commission of fraud or other offenses to the police forces or other authorities.
6.3 Invoices will be issued exclusively in electronic format and only for each order of the Customer who has entered his tax code and has explicitly requested it. For the issuing of the invoice, the information provided by the Customer at the time of the Order is valid. No changes to the invoice will be possible after it has been issued, except in the case of error or omission attributable to F.lli Merolla. When placing the Order, it is necessary to indicate whether the shipping address is different from the billing address and possibly the name of a delegate to receive delivery of the Products.
In the event that the Customer chooses not to enter their tax code or VAT number, F.lli Merolla will not issue an invoice, nor will they certify the payment by issuing a receipt or tax receipt pursuant to the articles. 22, paragraph 1 Presidential Decree 633/72 and art. 2, letter. oo) Presidential Decree 696/96.
7 - Delivery
7.1 F.lli Merolla sells and delivers the Products offered on its website fratellimerolla.it exclusively to its Customers and to any delegates of the same who are over 18 (eighteen) years of age and, in any case, in full compliance with the law and regulations in force.
7.2 F.lli Merolla uses patented packaging for deliveries which, thanks to their particular characteristics, guarantee the integrity of the transported Products. All Products are sold without any packaging, except for those Products where it is otherwise specified on the Site. F.lli Merolla delivers the Products to the address indicated by the Customer in the purchase procedure of the Fratellimerolla.it website, via national and international couriers (GLS, UPS, FedEx, Bartolini, SDA and others), who assume full responsibility of delivery to the address indicated by the Customer from the moment of taking charge of the Products at F.lli Merolla. F.lli Merolla therefore assumes no responsibility for any damage or behavior of the couriers.
7.3 Deliveries are made only in the countries indicated on the Fratellimerolla.it website. Periodically, F.lli Merolla updates the list of countries. The Customer is therefore invited to check the availability of delivery before proceeding to complete the Order. In any case, F.lli Merolla does not ship to Mail Boxes, to companies that provide domiciliation services or PO Boxes.
7.4 Regardless of the actual availability of the Products, F.lli Merolla reserves the right not to accept or not execute Orders that provide for the delivery of the relevant Products outside of Italian territory, or in the Municipalities of Livigno or Campione d'Italia. For deliveries, F.lli Merolla will use carriers selected by F.lli Merolla itself and trusted.
7.5 F.lli Merolla will not be responsible for failed or delayed delivery in the event that: (a) despite having made the regular and timely purchase of the Products to cover the Order received, it has not been supplied in the terms and methods agreed with the supplier; (b) is unable to make up for the unavailability of such Products, due to circumstances beyond its control and (c) has promptly communicated to the Customer such unavailability of the Products. In any case, where the Customer is a Consumer and the unavailability of the Products, due to one of the circumstances indicated in the previous letters (a) and (b), does not allow the delivery of the Product within 30 (thirty) days of forwarding of the Order by the Consumer himself, F.lli Merolla will promptly reimburse the Consumer - and, in any case, within 14 (fourteen) from the date of payment - any advance payments of the price.
7.6. F.lli Merolla will not be responsible for failed or delayed delivery due to causes of force majeure or unforeseeable circumstances, such as - by way of example, strikes, measures by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods , flooding and damage to industrial machinery not dependent on F.lli Merolla. F.lli Merolla will promptly notify the Customer of the occurrence or disappearance of a cause of force majeure. If the cause of force majeure persists for a period exceeding 30 (thirty) days, either party will have the right to withdraw from the contract. In this case of withdrawal, the Customer will not be entitled to any compensation or compensation of any kind, without prejudice to the right to a refund of any amount already paid as the price for the Product covered by the Order and for its shipment using ordinary methods. , within 14 days of sending the Order itself.
- Warranty and complaints management
8.1 All Products, other than food products, sold by F.lli Merolla are covered by the manufacturer's guarantee and, if purchased by Consumers, by F.lli Merolla's 24-month guarantee for defects of conformity pursuant to articles 128 and ss. of Legislative Decree 206/2005. To benefit from warranty assistance, the Customer must keep the invoice, or, where non-existent, the delivery or transport document or other suitable written documentation.
8.2 Without prejudice to the guarantee pursuant to articles. 128 et seq. Legislative Decree 206/2005, if the Product purchased appears to have manufacturing defects, the Consumer may request its replacement within the strict deadline of 14 days from receipt by e-mail to firstname.lastname@example.org, or communication telephone Customer Service on +39.08.15285266. In this case, the Consumer is required to return the defective or damaged product in its original packaging intact in all its parts, including the cap. In the event of replacement of the Product, the shipping costs for returning the defective product are borne by the Customer, while the costs for shipping the new Product are borne by F.lli Merolla.
8.3 F.lli Merolla will then carry out the requested replacement within a reasonable time from receipt of the Consumer's request with an identical Product or, in the event of stocks running out and subject to agreement with the Consumer, with one of equivalent value. F.lli Merolla invites the Consumer to describe in as much detail as possible the nature of the defect or defect found and possibly to send a copy of the Order documents, or to indicate the Order number, the Consumer's telephone number and the code Customer and any other data useful for the correct identification of the complaint. F.lli Merolla recommends in any case to verify that the e-mails sent by it are not redirected or blocked by any 'spam filters' or do not reach their destination correctly due to other technical problems of the recipient Customer's e-mail program or in any case falling within the sphere of autonomy of the latter.
8.4 It is expressly understood that the previous Sections 8.1, 8.2 and 8.3 will not apply in the event of defects found in Products purchased by Professional Customers, with respect to which F.lli Merolla, without prejudice to the mandatory limits of the law, does not issue any conventional guarantee.
For any information, request or assistance, F.lli Merolla invites the Customer to contact Customer Service in any case:
F.lli Merolla & co., Via Delle Mura 54, 80040 Poggiomarino Naples, ITALY
- Right of withdrawal and cancellation of Orders
The following rules regarding the right of withdrawal are applicable only in relation to Orders placed by Consumers. For this category of Customers, there is also the possibility of canceling the Order by promptly contacting Customer Service. The request for cancellation of the Order cannot be accepted if the Products are being shipped, or if F.lli Merolla has already started carrying out the service. In this case, the Consumer, in the presence of the relevant conditions, will still be able to exercise the right of withdrawal provided for by the Consumer Code for the stipulation of distance contracts.
10.1 Information relating to the exercise of the right of withdrawal
Standard instructions on withdrawal - pursuant to art. 49, paragraph 4 Legislative Decree 206/2005 –
Right of withdrawal
The Consumer has the right to withdraw from the contract, without indicating the reasons, within 14 days.
The withdrawal period expires after 14 days:
- in the case of a sales contract: from the day on which the Consumer or a third party other than the carrier designated by the Consumer, acquires physical possession of the goods;
- in the case of a contract relating to multiple goods ordered by the Consumer in a single order and delivered separately: from the day on which the Consumer or a third party, other than the carrier designated by the Consumer, acquires physical possession of the last good;
- in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces: 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 lot or piece;
- in the case of a contract for the periodic delivery of goods during a specific period of time: 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 first good.
To exercise the right of withdrawal, the Consumer is required to inform F.lli Merolla of his decision to withdraw from the contract through an explicit declaration (for example a letter sent by post, fax or e-mail). To this end, the Consumer can use the standard withdrawal form referred to in the following section 10.3, but it is not mandatory.
10.2. Effects of withdrawal
If the Consumer withdraws from the contract, all payments he has made to F.lli Merolla will be refunded, including delivery costs (with the exception of additional costs resulting from his possible choice of a type of delivery other than the least expensive type standard delivery offered by F.lli Merolla), without undue delay and in any case no later than 14 days from the day on which F.lli Merolla was informed of the Consumer's decision to withdraw from the contract. These refunds will be made by bank transfer or using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed with the Consumer; in any case, the latter will not have to bear any costs as a consequence of this reimbursement.
The refund may also be suspended until the goods are received or until the consumer demonstrates that he has sent the goods back, whichever is earlier. The Customer is requested to return the goods or deliver them to F.lli Merolla & co, Via Delle Mura 54, 80040 Poggiomarino Napoli, without undue delay and in any case within 15 days of receiving the Customer Service email authorizing the return with indicated the Return Authorization Code (CAR).
The Consumer is asked to note the CAR on the shipped packages, in a clearly visible position.
The costs for returning the Products in relation to which the withdrawal has been exercised will be borne by the Customer.
The Consumer is responsible for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The Consumer's right of withdrawal pursuant to this article is subject to the exclusions provided for by Legislative Decree 206/2005. In particular, this right cannot be exercised with reference to the supplies of:
- goods made to measure or clearly personalized;
- goods that are likely to deteriorate or expire rapidly;
- sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;
10.3. Standard withdrawal form - pursuant to art. 49, paragraph 1, letter. h) -
Recipient: F.lli Merolla & co, Via Delle Mura 54, 80040 Poggiomarino Naples
Tel: +39.08.15285266 E-Mail: email@example.com
I/we (*) hereby notify the withdrawal from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified in paper version)
(*) Delete the unnecessary wording.
10.4. Instructions for exercising the right of withdrawal provided for the Consumer
10.4.1 In the communication the Consumer will indicate the Product or Products for which he intends to exercise the right of withdrawal, the order number and order date, the invoice number, his bank details (IBAN code). Once the communication has been made, the Consumer will be asked to wait for the Return Authorization Code (CAR) from our Customer Service which authorizes the return. The Consumer must therefore return the goods subject to withdrawal within fifteen (15) days of receiving the communication from F.lli Merolla of the Return Authorization Code. The Products must be returned intact according to the agreed terms and conditions.
10.4.2 The only costs that the Consumer will have to bear are the direct costs of returning the purchased Products.
10.4.3 The Right of Withdrawal, in addition to compliance with the terms and methods described in the previous points 10.4.1, 10.4.2, is considered exercised correctly if the following Conditions of the right of withdrawal are fully respected:
- the Products purchased must be substantially intact and sealed;
- the Products must be returned in their original packaging (in the case of multiple Products in the same package, it is necessary to return all the Products);
- the returned Products relating to the same order must be sent to F.lli Merolla in a single shipment. F.lli Merolla reserves the right not to accept Products from the same order, returned and shipped at different times;
The costs and activities for returning the goods will be borne by the Customer, who will be responsible in the event of loss or damage to the Products. The Products arriving in the warehouse will be examined to assess any damage or tampering (the substantial integrity of the returned goods is an essential condition for the correct exercise of the right of withdrawal);
We recommend maximum attention when preparing the package using the original packaging; the Products must not have been used or damaged;
It is expressly reiterated that the right of withdrawal is reserved only for natural persons, previously defined as "Consumers" in paragraph 1.2; any purchases made by resellers or by individuals who purchase in any capacity in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediaries, are therefore excluded;
The notice of withdrawal must be correctly completed and sent to F.lli Merolla within fourteen (14) working days of receipt of the Products pursuant to Section 10.1.
The Products in relation to which the withdrawal has been exercised must be returned within 15 days of receiving the return authorization email indicating the return authorization code (CAR), correctly packaged in their original packaging, in perfect condition ( not ruined, damaged or dirty) and equipped with all possible accessories, instructions for use and documentation, the transport document (present in the original packaging), so as to allow F.lli Merolla to identify the Consumer (number of the Order, name, surname and address);
In the case of prize operations (so-called promotions), in which the purchase of a Product is combined with another Product which is sold at a negligible price or even free of charge, the right of withdrawal will be legitimately exercised with the return of both Products covered by the Order given the constraint of the accessory nature of the promoted good compared to the first.
If the return of the F.lli Merolla Product does not take place in compliance with everything prescribed in this section 10.4, the withdrawal will not be effective.
10.4.4 If the Right of Withdrawal is exercised according to the methods and terms indicated in this paragraph 10.4., F.lli Merolla will reimburse any sums already collected for Products purchased directly from the Fratellimerolla.it Site in the shortest time possible and, in in any case, within fourteen (14) days from the date on which F.lli Merolla became aware of the exercise of the right of withdrawal by the Consumer, without prejudice to F.lli Merolla's right to suspend said reimbursement pursuant to paragraph 10.2 until upon receipt of the goods or until the Consumer demonstrates that he has sent the goods back, whichever is earlier. The refund procedure will be activated once correct compliance with the terms and conditions indicated above has been verified, as indicated in paragraph 11 below.
10.4.5 If the terms and methods for exercising the right of withdrawal are not respected, the Consumer will not have the right to a refund of the sums already paid to F.lli Merolla or to the issuance of any credit requested. It will however be possible to regain, at the Consumer's expense, the Products in the state in which they were returned to F.lli Merolla. Otherwise, F.lli Merolla may retain the Products, in addition to the sums already paid for their purchase.
11.1 Once the Products have been returned, F.lli Merolla will carry out the necessary checks relating to their conformity with the conditions and terms indicated in paragraph 10.4.3. In the event that the checks are concluded positively, F.lli Merolla will send the Customer, via e-mail, the relevant confirmation of acceptance of the Products thus returned.
11.2 Regardless of the payment method used, the refund will be activated by F.lli Merolla as quickly as possible and in any case within fourteen (14) days from the date on which F.lli Merolla became aware of the exercise of your right of withdrawal , after verifying the correct execution of the right of withdrawal itself and acceptance of the returned Products. This is without prejudice to F.lli Merolla's right to suspend the refund pursuant to paragraph 10.2 until receipt of the goods or until the consumer demonstrates that he has sent the goods back.
11.3 In the event that there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event of exercise of the right of withdrawal, will be carried out by F.lli Merolla, in any case, towards the person who made the payment.
- Protection of personal data
The processing of Customers' personal data by F.lli Merolla will be carried out in compliance with fundamental rights and freedoms, as well as the dignity of the interested parties, with particular reference to confidentiality, personal identity and the right to protection of personal data, in compliance with the provisions of the Privacy Code and what is contained in the Information made available to Customers at the time of registration on the Site and before placing the Order.
- Modification of the General Conditions of Sale
Upon any modification to these General Conditions of Sale, F.lli Merolla will promptly publish the modified General Conditions of Sale on the Site.
The modified General Conditions of Sale will become an integral part of the new Contracts, starting from the first Order submitted by Customers, following their publication on the Site. In the case of Orders already submitted before such communication, the previous version of the General Conditions will apply of Sale.
If a present or future provision of the General Conditions of Sale and/or the contract were to be or become completely or partially null and/or ineffective or there is a gap in the provisions of the General Conditions of Sale and/or the contract, the remaining provisions of the General Conditions of Sale and of the contract will remain valid and effective in any case. It is understood that F.lli Merolla and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the void and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and of safeguarding the economic substance of the contract.
- Applicable law and dispute resolution
15.1 The General Conditions of Sale are governed by Italian law and in particular by legislative decree 6 September 2005 n. 206, consumer code, with specific reference to the legislation regarding distance contracts stipulated with consumers and the legislative decree of 9 April 2003 n. 70 on some aspects concerning electronic commerce.
15.2 The sale of Products and/or provision of services takes place in the territory of the Italian State and is subject to the laws in force in the Italian Republic. The competent court for the resolution of any dispute relating to the purchase contracts of the Products will be exclusively that of Milan, without prejudice to the application of the mandatory provisions for the protection of the Consumer referred to in Legislative Decree no. 206/2005.