Terms and conditions of service

These General Terms and Conditions of Sale have as their object the purchase of Melitea® products made remotely via computer network on the site Melitea.it belonging to Luca and Paolo Barra SRL , based in Via Acquasanta 19, 84099 (SA) Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information directed to the conclusion of the contract will be subject to art. 12 of Legislative Decree 70/03 and, as regards the protection of confidentiality, will be subject to the regulations of Legislative Decree 196/03.

CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

Contracts for the sale of products on the site melitea.it are considered concluded when the purchase order placed by the customer is received by Luca e Paolo Barra SRL and the latter accepts it. Luca and Paolo Barra SRL will promptly send to the customer receipt of the purchase order placed by the customer. The customer, by sending his purchase order electronically, declares that he has read and accepted these general terms and conditions and undertakes to observe and comply with them in his dealings with Luca e Paolo Barra SRL

PROCESSING OF PERSONAL DATA

Luca e Paolo Barra SRL pursuant to art. 13 of Legislative Decree 196/2003 informs that personal data and tax data acquired even verbally in reference to business relationships established, provided directly by interested parties, or otherwise acquired as part of the company's activities, will be processed in compliance with the regulations referred to, including the obligations of confidentiality provided by them In relation to the aforementioned may be exercised the rights under Article 7 Legislative Decree 196/2003.

OBLIGATIONS OF THE CLIENT

The Customer is required, before submitting his purchase order, to read carefully these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, the Customer is obliged, once the online purchase procedure is completed, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.

ORDER DEFINITION

By placing an order online, the Customer transmits to Luca e Paolo Barra SRL a proposal to purchase the product and/or products placed in the shopping cart. When the Customer places an on-line order for the products he or she has placed in the shopping cart, he or she agrees to purchase them at the price and terms indicated in these General Terms and Conditions of Sale.

Luca e Paolo Barra SRL will notify the Customer of the acceptance and confirmation of the order.

MODE OF PURCHASE

The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein to which the delivery costs specified on the site are added. Prior to the submission of the purchase order, the unit cost of each chosen product is summarized, the total cost in case of purchase of several products and the relevant delivery costs. Once the purchase order has been forwarded, the customer will receive from Luca e Paolo Barra SRL an e-mail message confirming receipt of the purchase order and containing information relating to the main characteristics of the goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of Decree Law No. 223 of July 4, 2006 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of August 4, 2006, which came into force on August 12, 2006, by which the obligation to communicate the list of customers and suppliers in case of invoice issuance is reinstated, and Decree Law 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to require customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.

PAYMENT

The customer can make the payment due by choosing one of the following listed methods.

• Payment with Scalapay: If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorize such assignment.
• Payment by credit card: In the event that the consumer intends to make payment by credit card, he/she may use the payment procedure with PayPal, which is suitable for ensuring the confidentiality of data provided by customers. For any information and further Legal Agreements, the Customer is referred to www.paypal.com.
• Pagamento con bonifico bancario: Nel caso in cui il pagamento venga effettuato tramite bonifico bancario, il bene acquistato sarà spedito con le modalità riportate al successivo paragrafo “Consegna dei Prodotti”, all’indirizzo indicato dal cliente al ricevimento dell’accredito, quindi mediamente entro due/cinque giorni dopo l’effettuazione del bonifico (le tempistiche variano a seconda dell’Istituto di Credito utilizzato). Per agevolare l’iter potrà essere inviata la ricevuta di pagamento unita al vostro numero ordine via via e-mail a: [email protected]

DELIVERY OF PRODUCTS

The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer when ordering online. Any specific needs must be prospected by the customer to Luca e Paolo Barra SRL . In case of non-delivery due to the absence of the recipient, at the address specified by him in the order, the courier will leave a notice and try a second time; if the recipient is still absent, the goods will be returned to the sender (Luca e Paolo Barra SRL ).

WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS

Luca e Paolo Barra SRL shall be liable for any lack of conformity that becomes apparent within two years of delivery of the goods. For the purposes of this contract, consumer goods are presumed to conform to the contract if,where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the quality and performance usual for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the labeling; (d) they are also fit for the particular use intended by the consumer and which was brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted even by conclusive facts. The consumer forfeits all rights if he fails to report the lack of conformity to the seller within two months from the date on which the defect was discovered. Reporting is not necessary if the seller has acknowledged the existence of the defect or concealed it. In any case, unless proven otherwise, defects of conformity that become apparent within six months of delivery of the goods shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the goods or the nature of the defect of conformity. In the event of a lack of conformity, the consumer may request, alternatively and without cost, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for Luca e Paolo Barra SRL under Article 130, paragraph 4, of the Consumer Code. The request must be made in writing, by registered letter with acknowledgment of receipt or by certified e-mail to Luca e Paolo Barra SRL , which will indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, where Luca and Paolo Barra SRL has accepted the consumer's request, it shall indicate the method of shipment or return of the good as well as the deadline for the return or replacement of the defective good.If the repair and replacement are impossible or excessively expensive, or Luca and Paolo Barra SRL has not repaired or replaced the good within the period referred to in the preceding paragraph or, finally, the replacement or repair previously carried out have caused significant inconvenience to the consumer, the consumer may request, at his option, an appropriate reduction in price or termination of the contract. In this case, the consumer must send his request Luca and Paolo Barra SRL , which will indicate its willingness to give effect to the same, or the reasons that prevent him from doing so, within seven working days of receipt.In the same communication, where Luca and Paolo Barra SRL has accepted the consumer's request, it must indicate the proposed price reduction or how to return the defective good.It will be in such cases the consumer's responsibility to indicate how to credit the sums previously paid Luca and Paolo Barra SRL .

RIGHT OF WITHDRAWAL

L’Acquirente ha in ogni caso il diritto di recedere dal contratto stipulato, senza alcuna penalità e senza specificarne il motivo, entro il termine di 14 (quattordici) giorni lavorativi, decorrente dal giorno del ricevimento del bene acquistato.Nel caso in cui il professionista non abbia soddisfatto gli obblighi di informazione su esistenza, modalità e tempi di restituzione o di ritiro del bene in caso di esercizio del diritto di recesso di cui all’art. 52 del Codice del consumo, il termine per l’esercizio del diritto di recesso è di 90 (novanta) giorni e decorre dal giorno del ricevimento dei beni da parte del consumatore.Nel caso l’Acquirente decida di avvalersi del diritto di recesso, deve darne comunicazione alvenditore tramite posta elettronica all’e-mail [email protected], purché tali comunicazioni siano confermate.Ai fini dell’esercizio del diritto di recesso l’invio della comunicazione potrà validamente essere sostituito dalla restituzione del bene acquistato, purché nei medesimi termini. Farà fede fra le parti la data di consegna all’ufficio postale o allo spedizioniere.La riconsegna del bene dovrà comunque avvenire al più tardi entro 30 (trenta) giorni dalladata di ricevimento del bene stesso. In ogni caso, per aversi diritto al rimborso pieno del prezzo pagato,il bene dovrà essere restituito integro e, comunque, in normale stato di conservazione.Il Fornitore provvederà gratuitamente al rimborso dell’intero importo versato dall’Acquirenteentro il termine di 30 (trenta) giorni dal ricevimento della comunicazione di recesso.Con la ricezione della comunicazione con la quale l’Acquirente comunica l’esercizio del dirittodi recesso, le parti del presente contratto sono sciolte dai reciproci obblighi, fatto salvo quanto previstoai precedenti punti del presente articolo.

MODALITIES FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL

The right of withdrawal is exercised by sending, within the aforementioned period, a written notice to the address of Luca e Paolo Barra SRL by e-mail If the goods have been delivered, the customer must return them to Luca e Paolo Barra SRL within 15 (fifteen) working days from the date of delivery of the goods. The good must be returned to Luca e Paolo Barra SRL complete with every part and any accessories or instruction manual and everything originally delivered to the customer, as well as packaged in its original wrappings. A copy of the electronic receipt of the order must be attached to the returned product. The cost of returning the goods to Luca e Paolo Barra SRL shall be borne by the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Luca and Paolo Barra SRL is obliged to refund the sums paid by the customer. In particular, Luca e Paolo Barra SRL will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This will be done by PayPal refund where possible or by crediting the amount to the bank account indicated by the customer. Luca e Paolo Barra SRL has the right to reject any product returned by means other than those specified above, as well as products for which the customer has not fully paid the cost of return, or has not complied with the procedures and timeframes indicated for the communication of the exercise of the right of withdrawal.

EXPRESS TERMINATION CLAUSE

In case of total or partial non-payment of the purchase price of the good Luca e Paolo Barra SRL reserves the right to declare pursuant to and for the purposes of Article 1456 of the Civil Code terminated this contract by sending a written notice to the electronic address of the customer.

COMPLAINTS

Per ogni eventuale reclamo o chiarimento, il cliente dovrà scrivere all’indirizzo di e-mail [email protected]

The customer will be contacted for clarification within 3 (three) working days of the request.

APPLICABLE LAW AND JURISDICTION

All disputes arising from this contract will be devolved to an attempt at conciliation at the Mediation Body of the Chamber of Commerce of Bergamo and resolved according to the Conciliation Rules adopted by the same.If the Parties intend to bring an action before the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, which is mandatory under Article 33, paragraph 2, letter u) of the Consumer Code.

RETURN

This contract is governed by Italian law.19.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases envisaged in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.19.3 Pursuant to Article 60 of the Italian Civil Code, the regulations contained in Part III, Title III, Chapter I of the Italian Civil Code are expressly referred to herein.