Terms and conditions

You are purchasing from:

Milani S.r.l. 
Via delle Industrie II, 7 
30020, Meolo (VE)
Italy

T. +39 0422 1860501
F. 
+39 0422 1860599
info@sm-milani.com
www.sm-milani.com


1) DEFINITIONS

The terms and expressions listed below have the meaning indicated, considering that the terms defined in the singular are to be defined also in the plural and vice versa.

  • Customer: means any person (natural or legal person) who purchases one or more Products and the Service contextually offered through the Online Store by accepting the General Conditions.
  • Parties: means jointly Milani srl and customers.
  • General Conditions: means these general terms and conditions and any future new versions that may be published in the Online Store by Milani srl.
  • Online shop: means the virtual shop, managed by Milani srl and accessible through the URL of the Online Shop through which it is possible to purchase the Products.
  • Contracts: means contracts concluded, pursuant to Article 6, between Milani srl and customers through the Online Store.
  • Orders: means the purchase orders of the Products and the supply of the Service sent by the Customers, in accordance with the General Conditions and following the procedure set out in art. 5 and 6.
  • Order Confirmation: means the e-mail message through which Milani srl communicates to the Customers the acceptance of the Orders.
  • Price: means the price of the Products and the supply of the Service as indicated in the Online Store corresponding to the Products themselves.
  • Profile: means the area of ​​the On-Line Shop in which Customers can, after authentication: (i) view and modify their personal data and addresses where the Products object of the Orders must be sent and delivered; (ii) view previous orders; (iii) access any other specific function relating to their activity in the Online Store.
  • Consumer: according to the relative definition of article 3 of Legislative Decree n. 206/2005 is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity performed.
  • Service: means the service offered in the Online Store and includes home delivery by agent.

2) OBJECT

2.1 This site is an online store that sells products / goods for the home, hotels, restaurants, bars and office.

2.2 The home delivery service contextual to the sale of the Products is carried out by authorized couriers.

2.3 The General Conditions govern all the Contracts concluded between the parties and constitute an integral part thereof.

2.4 The general contract conditions are amended from time to time also in consideration of possible regulatory changes. The new general contract conditions will be effective from the date of publication on the Online Store.

3) CUSTOMER REGISTRATION

3.1 Customer registration is a necessary procedure to place the order.

3.2 The customer who registers will be asked for the personal data (name, surname, address, any shipping address, e-mail).

3.3 At the time of registration, the Customer must enter his e-mail address (which will become the USER) and can choose a password of his choice.

3.4 Once the registration procedure is completed, a new Welcome email will be sent to the new Customer confirming the registration.

4) PRICE

4.1 The Price is intended in € (Euro). The applicable Price is the one published in the Online Store at the time the Orders are sent by the Customers.

4.2 The Price is exposed including VAT.

5) CART

5.1 The cart allows you to immediately check the inserted products, with their unit cost including VAT. You can decide on the quantities to buy for each type of product you choose, or you can remove one or more products from the cart that you have decided you no longer want to buy. A series of buttons allow you to:

* update the cart after having cancelled or changed quantity;

* empty the cart from all the products contained;

* return to the home page.

5.2 Once the cart is filled with the desired products, it is possible to carry out the actual purchase and the choice of the form of payment. Before concluding the transaction, some data necessary for identification as a customer will be requested. You can also enter details of a different recipient for delivery. The registered customer can with a single click on the LOGIN button immediately access the site and order.

5.3 Before proceeding with the transmission of the order, the Customer will be asked to identify and correct any data entry errors.

5.4 As soon as the order is terminated, the Customer will receive a copy of the order by email containing the essential information relating to the Product purchased, the detailed indication of the price, the means of payment and the delivery costs.

6) CONCLUSION OF THE CONTRACTS

The contract will be performed through the following phases:

6.1 By sending the Order the Customer will send Milani srl a proposal to purchase the selected Product or Products. The sending of the proposal will be considered as consent in accordance with the law to receive the following communications from Milani srl described below, aimed exclusively at the conclusion and execution of the contract.

6.2 Milani srl will send the Order Confirmation to the Customer with the assignment of an “Order Number” which must be used in any further communication.

6.3 The Contracts are considered concluded between the Parties when the Customers receive the Order Confirmation with the assignment of the order number.

6.4 By sending the Orders the Customers declare that they have read all the instructions regarding the way the Products are purchased and that they have fully accepted the General Conditions and that they have read all the additional information contained in the Online Store, including called up via link.

6.5 Orders will be filed at the headquarters of Milani srl, in the manner and in compliance with the provisions of GDPR 679/2016 (“Privacy”) and will be accessible by contacting Milani srl at the references referred to in the heading of these general conditions of contract.

6.6 With this website, Milani srl reserves the right not to process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or in the event of unavailability of Milani srl products.

Orders are intended excluding over-sales, so Milani srl does not guarantee the certainty of allocation of the ordered goods and therefore reserves the right not to process purchase orders in the event of unavailability of the Products. Any right of the Customer to compensation for damages, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of an Order is excluded.

6.7 The Customer can purchase the products in the electronic catalogue at the address (URL) of the Online Store. It is understood that the image accompanying the description of a product may not be fully representative of its features but may differ in colour, size and accessory products shown in the figure. The description of each product contained in the site is merely an example and does not constitute confirmation or guarantee by Milani srl on the actual characteristics and performance of the goods sold.

7) PAYMENT METHODS

Milani srl offers to the Client different means of payment as following list:

7.1.1 Credit card. For payments by credit card, the PayPal system is used. The cards accepted by PayPal are all those of the Visa Circuit (therefore also PostePay) and of the MasterCard Circuit. Once this payment method has been chosen, the Customer will be directed to the secure PayPal server.

The Customer will insert all the relative requested data directly on the relative servers created, guaranteed and managed by PayPal. The Customer must, therefore, accept the general contract conditions prepared by them in order to access the service. At no time during the purchase process Milani srl is able to know the information relating to the Customer’s data entered directly on the aforementioned secure servers. Under no circumstances will Milani srl therefore be held responsible for any damage deriving to the Customer from the use of the services offered by PayPal.

At no time during the purchase process Milani srl is able to know the information relating to the Customer’s credit card transmitted by the latter through a secure connection directly to the site of the bank that manages the transaction. Under no circumstances will Milani srl therefore be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for purchased products.

Once the payment procedure is completed, the customer will be redirected to the Online Shop.

7.1.2 PAYPAL. For online payments Milani srl also uses the PAYPAL system.

Once this payment method has been chosen, the Customer will be directed to the secure PayPal server.

The Customer will insert all the relative requested data directly on the relative servers created, guaranteed and managed by PayPal. The Customer must, therefore, accept the general contract conditions prepared by them in order to access the service. At no time during the purchase process Milani srl is able to know the information relating to the Customer’s data entered directly on the aforementioned secure servers. Under no circumstances will Milani srl therefore be held responsible for any damage deriving to the Customer from the use of the services offered by PayPal.

At no time during the purchase process Milani srl is able to know the information relating to the Customer’s credit card transmitted by the latter through a secure connection directly to the site of the bank that manages the transaction. Under no circumstances will Milani srl therefore be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for purchased products.

Once the payment procedure is completed, the customer will be redirected to the Online Shop.

8) DELIVERY OF PRODUCTS

8.1 The Products are delivered to the address indicated by the Customers at the time of registration pursuant to Article 3 or to a different address indicated at the time the Order is sent. The place of delivery of the Products cannot coincide with a space or a public area. Milani srl reserves the right not to deliver the Products subject to the order if the aforementioned circumstance occurs.

8.2 Customers are advised to pay particular attention when reporting data relating to the delivery address (street number, last name on the bell, extension number, scale, etc.). Milani srl declines all responsibility and any right of the Customer to compensation for damages or compensation, in the event of failed or delayed deliveries caused by errors, inaccuracies or deficiencies concerning the address of the delivery address as indicated by the Customer in the order.

8.3 The Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that: (i) the Products correspond to what is indicated in the transport document (DDT) both by number and by type; (ii) the packaging / packaging of the Products is intact, undamaged or otherwise altered.

8.4 Any damage to the packaging / packaging of the Products must be immediately notified by the Customers by placing a specific control reserve written on the proof of delivery. It is understood that, once the delivery document has been signed without any specific dispute, the Customers can no longer raise any objection to Milani srl with reference to the external characteristics of what was delivered.

8.6 The Products may be delivered by Milani srl representatives only to Customers or to persons authorized by them. The subject to whom the Products are delivered must affix a signature to certify the delivery. No deliveries are made to post office boxes or by inserting the Products in letter boxes or other similar places.

9) RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS

9.1 The Legislative Decree n. 206/2005 prescribes that Customers who are “Consumers” have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Contracts within 14 working days, for the supply of goods, from the receipt of the goods and, for the provision of the services, from the conclusion of the contract.

9.2. Pursuant to art.55 Legislative Decree n.206 / 2005 paragraph 2 letter a) the exercise of the right of withdrawal is excluded as regards the supply of services if the execution of the contract begins before the expiry of the term of ten days provided for by art. 64 D.Lgs.206 / 2005 and starting from the date of conclusion of the contract pursuant to art.65 paragraph 2 letter b) D.Lgs.206 / 2005.

9.3 The right of withdrawal must be exercised by the Customers by sending Milani srl a written notice, by registered letter with acknowledgment of receipt, addressed to

Milani srl – Via delle Industrie II, 5/7 – 30020 – Meolo (VE) Italia

containing: (i) the intention to exercise the right of withdrawal;

(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.

Alternatively, the consumer can send an e-mail to the addresses of Milani srl within 14-day period from receipt of the goods, indicating the same elements as the registered letter above.

9.4 The Customer must return the products, complete with original packaging, to Milani srl delivering them to the express courier for shipment within 14 working days starting from when the Products were received.

All costs related to the return of the Products are entirely borne by the Customer.

9.5 The right of withdrawal – in addition to compliance with the terms and methods described in the preceding paragraphs – is considered to be exercised correctly if the following conditions are also fully met:

– the Products have been returned by express courier and are intact;

– the Products have not been used;

– the Products have been returned in their original packaging / packaging and must be intact;

– the Products are returned together with any documentation and accessory equipment;

– the Products are sent in a single shipment: Milani srl reserves the right not to accept products of the same order returned and shipped at different times.

The right of withdrawal applies to Products purchased in their entirety. It is not possible to exercise withdrawal only on part of the Product.

9.6 If the right of withdrawal is exercised following the methods and terms indicated in this article, Milani srl undertakes to refund the Product Price as quickly as possible, and in any case within 30 days from the date of receipt of the withdrawal notice.

Milani srl will notify Customers of the price reimbursement procedures and may, for this purpose, request bank details from customers.

It will be the Customer’s responsibility to promptly provide the bank details on which to obtain the refund.

9.7 If the Customers exercise the right of withdrawal in a way that does not comply with the terms and conditions set forth in this article, the Customers will not be entitled to a refund of the Price.

9.8 The shipment of the Product subject to the right of withdrawal until the certificate of receipt in the Milani srl warehouse is under the complete responsibility of the Customer.

In the event of damage to the goods during transport, Milani will notify the Customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to file a timely complaint against the courier chosen by him and obtain reimbursement of the value of the good (if insured). In this case the product will be made available to the customer for its return.

Milani srl is not responsible in any way for damage, theft or loss of goods returned by uninsured shipments.

9.9 Pursuant to the art.55 Legislative Decree n.206 / 2005 paragraph 2 letter c) the exercise of the right of withdrawal is excluded in relation to those orders concerning the supply of goods made to specifications or clearly personalized . In this case, if the customer sends the purchased products to Milani srl, Milani srl will return them to the sender, charging the shipping costs to the sender.

10) MAJOR FORCE

10.1 Milani srl will be released from the obligation of fulfillment and execution of this contract due to force majeure, temporary or definitive as – by way of example and without limitation – strikes, arrests, fires, natural and / or atmospheric events and for any other cause occurred outside the control of Milani srl and not attributable to it,also pre-existing, which prevents or increases the total or partial execution of this contract.

11) BINDING RIGHT

11.1 This contract will be binding on the parties and their respective legal representatives, successors and any assignees.

12) VICES / DIFFORMITY OF THE PRODUCTS

12.1 If the Products present a guarantee recognized by the manufacturer of the same (commercial / conventional guarantee), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the warranty.

12.2 Milani srl advises that suppliers and manufacturers reserve the right to make any change aimed at improving the functional and quality of the products without prior notice. Texts and images on this site are for illustrative purposes, are copyrighted and belong to their legitimate owners: for each technical and dimensional aspect refer to company price lists and related updates. Color and material samples are indicative.

12.3 The “Consumer” Customers are recognized the rights of the Consumer pursuant to art. 130 of Legislative Decree 206/05; these rights must be exercised under the terms set forth in art. 132 of the same Legislative Decree 206/05.

13) RESPONSIBILITY OF THE PRODUCT

13.1 The producer of the Products is the subject responsible for any damage caused by defects in the Products themselves.

14) MISTAKES OR UNEXPECTATIONS IN ONLINE SHOP

14.1 Milani srl undertakes to constantly check the Online Store in order to avoid errors or inaccuracies. However, it is possible that the Online Store contains, or may over time contain, errors, inaccuracies or omissions. Milani srl therefore reserves the right to correct the errors, inaccuracies or omissions contained in the Online Store even after an order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.

15) INTELLECTUAL PROPERTY

15.1 All intellectual property rights connected to the Online Store (including content and photographic images) are reserved. The Online Store and its contents may not be reproduced either in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose without the prior written consent of Milani srl.

16) PRIVACY

Please check the dedicated page of privacy policy,

17) COMPLAINTS

17.1 Any complaint must be directed to Milani srl in Via delle Industrie II, 5/7 – 30020 – Meolo (VE) Italy

18) APPLICABLE LAW

18.1 The General Conditions and the Contracts are governed by Italian law and in the light of this must be interpreted.

19) JURISDICTION

19.1 In the case of “Consumer” Customer for all disputes arising from this contract, including those relating to its validity, interpretation, execution and termination, the jurisdiction for mandatory territory is the judge of the place of residence or domicile of the consumer if located in the territory of the State.

19.2 In cases not covered by the preceding paragraph, all disputes arising from this contract, including those relating to its validity, interpretation, execution and termination shall be the exclusive competence of the Court of Treviso, including for any guarantee actions, damages or, generally, relating to payments.

19.3 The Customer, with registration, pursuant to article 1341 Civil Code specifically approves the following clauses:

art.6 CONCLUSION OF CONTRACTS; art.7 PAYMENT METHODS; art.8 DELIVERY OF PRODUCTS; art.9 RIGHT OF WITHDRAWAL AND ITS EXCLUSION; art.10 FORCE MAJEURE; art.11 CONSTRAINTS; art. 12 VICES / DIFFORMITY OF THE PRODUCTS; art.13 PRODUCT RESPONSIBILITY; art.14 ERRORS OR INACTIVITY IN THE ONLINE STORE; art.15 INTELLECTUAL PROPERTY; art.17 CLAIMS; art.18 APPLICABLE LAW; art.19 JURISDICTION.

5 years warranty