GENERAL TERMS AND CONDITIONS OF SALE OF “PAOLO MORETTI” PRODUCTS THROUGH THE “paolomoretti.shop” WEBSITE
(1) The Moretti S.r.l. Company (hereafter referred to as “Paolo Moretti” or the “Seller”) sells products under the brand name “Paolo Moretti” in Italy.
(2) These general terms and conditions of sale (hereafter referred to as the “Terms and Conditions”) are applicable to all sales of Paolo Moretti products carried out online through the paolomoretti.shop website (hereafter the “Site”). Distance sales regulated by this website are carried out by the Seller in accordance with applicable national regulations.
(3) Use of the distance selling service outlined in these Terms and Conditions is reserved exclusively for consumer customers. The “Consumer” is any natural person who concludes a legal transaction for purposes which are outside his trade, business, or profession. Resale, rental or assignment of products purchased on the Site, for any commercial or professional purpose whatsoever, are expressly forbidden.
(4) Paolo Moretti may, at any time, modify these Terms and Conditions. Therefore, the customer (hereafter the “Customer”) shall accept the Terms and Conditions in force at the time of the purchase order.
(5) These Terms and Conditions are published on the Site for the Customer’s own knowledge and awareness.
(6) It is understood that when purchasing from the paolomoretti.shop website, the Customer is presumed to have full knowledge and acceptance of the Terms and Conditions, of which these recitals form an integral and substantial part.
(7) The Terms and Conditions do not regulate the supply of services or sale of products by third parties other than Paolo Moretti, even if such parties are present on the Site through links, banners or other hypertext links. Therefore, before placing orders and/or purchasing products or services from parties other than the Seller, the Customer is invited to verify the sales conditions applied by the aforementioned parties. The Seller shall not be liable for services provided by third parties.
2. ORDERING OF PRODUCTS
(1) Orders shall only be placed by adult persons who satisfy legal age requirements and who are not deemed legally incompetent.
(2) Orders may be placed, in both Italian and English, via the paolomoretti.shop website.
(3) The Customer shall provide Paolo Moretti with a valid email address to which the Seller will forward all information set forth by these Terms and Conditions, and in any case, all information concerning the order.
(4) Each order purchased online by the Customer and regulated by these Terms and Conditions may apply to one or more products.
(5) Paolo Moretti reserves the right to modify, at any time, limits to the quality and/or kind of products purchasable online.
(6) The Customer may select items that they are interested in. The description of selected products, including measurements and sizes (where applicable), together with one or more digital photographic images showing a correct representation of the product available on the Site, is included in the Customer’s cart.
(7) Notwithstanding the fact that Paolo Moretti continually takes measures aimed at ensuring that the photographs shown on the Site are faithful reproductions of the original products, including application of every possible technological solution to reduce inaccuracies to a minimum, some variations are always possible on account of technical characteristics and the color resolution of the Customer’s computer. For these reasons, Paolo Moretti cannot guarantee authenticity of its products and their graphic representation on the Site, especially when it comes to the colors of the products.
(8) To view selected items and their total price, click on the cart icon. The Customer is requested to verify the accuracy of the contents in the cart before confirming the order by filling out the purchase form according to the instructions provided on the corresponding page of the Site and confirming that they have read and accepted these Terms and Conditions.
(9) Should the Customer need to make changes (e.g. to the selected item or number of items) or make corrections to any errors in the placed order, they may contact the Seller by phone at +39 02 861180. This may be done up until the products ordered are ready for shipment. At that time, it will no longer be possible to modify the Customer’s order.
3. PRODUCT PRICES
(1) Product prices include all taxes and duties, unless otherwise indicated on the paolomoretti.shop website or the order screen.
(2) The price of each product is given to the Customer before conclusion of the contract. All prices are in Euro and include VAT.
4. ORDER COMPLETION
(1) Products on the Site shall be considered an invitation to tender. Completion of the purchase procedure regulated by these Terms and Conditions shall be considered a contractual offer made by the Customer to Paolo Moretti.
Once the Customer has selected the product, confirmed the order and made the payment as indicated in art. 5, the purchase order is sent to Paolo Moretti. The Customer shall then receive a “receipt” email with the details of the order. Within 5 days upon receiving the order, Paolo Moretti will send the Customer a subsequent “order of confirmation” email. Only upon receipt of the order confirmation, the purchase contract of the Customer shall be binding for Paolo Moretti.
(2) Before sending the Customer the order confirmation, Paolo Moretti reserves the right not to accept incomplete or incorrect orders. Likewise, Paolo Moretti may decline received orders in the event that the ordered products are unavailable or if sufficient guarantee on the solvency of the Customer is lacking. In such cases, Paolo Moretti shall inform the Customer via email that the contract has not been entered into and the purchase order has not been carried out, specifying the reasons. Such notice shall be made by Paolo Moretti within 5 days upon receiving the order. The amount paid to Paolo Moretti for the placed order shall be refunded to the Customer.
(3) The Customer may access his order through the “My orders” section of the Site. From there, the Customer can view their order history.
(4) The Customer may cancel the order up until when the products they ordered are ready for shipment. In such case, the amount received by Paolo Moretti shall be refunded to the Customer.
5. PAYMENT METHODS
(1) Payment by the Customer may be made using one of the methods indicated on the order form.
(2) If the payment is made by credit card, the due amount shall be charged to the Customer’s credit card at the same time Paolo Moretti sends the order confirmation, and in any case, within 5 days upon receiving the order.
(3) In order to prevent any possible online fraud, payments made through the paolomoretti.shop website are processed online through Nexi Payments S.p.A.
(4) For payment purposes, the Customer shall confirm on the paolomoretti.shop website that they are the given credit card holder and the name on the card is their own. The Customer shall provide the card’s number, expiration date and security code.
(5) In the event that, for whatever reason, the due amount by the Customer is not debited, the sales procedure and transaction is automatically cancelled.
(6) Notwithstanding the above, payment for products purchased on the paolomoretti.shop website may also be made through PayPal. Should the Customer choose PayPal as the means of payment, they shall be redirected to the www.paypal.it website, where payment for the products shall be made according to the procedures laid down and regulated by PayPal and in compliance with the terms and conditions of the contract agreed upon by both the Customer and PayPal. Data entered on the PayPal website shall be directly processed by PayPal and shall not be shared with Paolo Moretti, impeding knowledge and storage in any way of the credit card information connected to the PayPal account of the Customer or information of any other method of payment connected to that account.
(7) If payment should be made through PayPal, the total due amount shall be charged by PayPal to the Customer at the time that the online contract is concluded. In the case of cancellation of the purchase contract and in any other case where a refund is given, for whatever reason, the refunded amount will be credited to the Customer’s PayPal account. How long it takes to credit the method of payment connected to this account depends exclusively on PayPal and the banking system. Once the order for crediting this account has been placed, the Seller shall not be liable for any delays or omissions of the Customer’s credit. At this point, for any disputes, the Customer shall directly contact PayPal.
6. PRODUCT DELIVERY
(1) For any information regarding product delivery, the Customer may call Paolo Moretti at +39 02 861180 or send Paolo Moretti an email at firstname.lastname@example.org.
(2) Notwithstanding any exemptions pursuant to the following paragraphs, the products are delivered exclusively to the address indicated by the Customer within the countries listed in the “Shipping” section of the paolomoretti.shop website (hereafter the “Listed Territories”).
(3) It is not possible to indicate a shipping address (or otherwise request shipping) outside the Listed Territories.
(4) The Customer may request that the delivery of the ordered products be made to a third party, providing that the third party’s residence or domicile is within the Listed Territories. No delivery can be made to P.O. boxes, couriers or use a post office hold mail service.
(5) Purchase invoices are attached to the delivered products and, at the Customer’s request, may also be sent by email or PEC (registered email).
(6) Paolo Moretti shall carry out the orders within 30 days from the order confirmation date and following payment of the purchase price, unless the Customer is notified within 5 days upon receiving the order of non-acceptance pursuant to article 4, paragraph 2 above.
(7) Product delivery shall be carried out by shipping companies chosen by Paolo Moretti.
(8) Delivery costs shall be borne by the Customer.
(9) All shipping costs, including additional costs and duties charged to the Customer, are specifically indicated on the order form at the time purchase on the paolomoretti.shop website. These costs and duties are non-refundable, even in the case of withdrawal by the Customer or replacement of the product.
(1) Paolo Moretti’s liability for any defective product shall be regulated in accordance with applicable legal provisions.
(2) Paolo Moretti shall not accept any claim for product defects resulting from alterations by the Customer, unless the latter proves that the defects already existed at time of delivery.
8. RETURNS AND REFUNDS - WITHDRAWAL
Notwithstanding the provisions of art. 13, point 3, should the Customer wish to exercise their right of withdrawal, it must be done within 14 (fourteen) days from the delivery date of the purchased products. In order to exercise the right of withdrawal, the Customer must contact Paolo Moretti by phone at +39 02 861180 or send an email to email@example.com., requesting return authorization in both cases. Once return authorization has been issued, the Customer will schedule the pick-up and return of the purchased product to Paolo Moretti using a shipping company of their choice.
For the return to be accepted by Paolo Moretti, products must be returned within 7 days from the date of the withdrawal notice, and in compliance with all the conditions set out below:
1. Products must be returned with all their original packaging (boxes, accessories, tags, protection covers, leaflets, etc.);
2. Products must be accompanied by the purchase receipt;
3. Products must not have been damaged, used, worn or washed. They may have been inspected to determine quality and characteristics;
4. Identification tags must still be attached to the products;
5. Damaged products being returned must be returned in the condition in which they were received, without modifications, tampering or repair attempts made by the Customer;
6. Products must have been purchased online through the paolomoretti.shop website and not at the Paolo Moretti boutique in Milan.
Paolo Moretti reserves the right to refuse the return of products that are damaged by the Customer, incomplete, worn and/or dirty or in any state that clearly suggests that they were used or returned after the deadline specified above. Inspection of the returned product can take up to 3 days.
Paolo Moretti reserves the right to claim compensation for any damage that can be attributed to the negligent or willful conduct of the Customer in the return of the products.
Paolo Moretti shall not be held liable in case of loss or theft of products to be returned, or in the case that products are returned to an incorrect address or in case of return delays not attributable to Paolo Moretti. Shipping and transportation risks shall be borne by the Customer until the returned product is delivered to Paolo Moretti.
In case of withdrawal, all payments made to Paolo Moretti are refunded to the Customer according to the payment method used for purchase and with regard to the product for which the withdrawal was exercised.
Paolo Moretti reimburses the payments received from the Customer once the returned product has arrived. The refund of the paid amount is made by crediting the bank account or credit card the Customer used at the moment of transaction or through the PayPal service. The refund does not entail any additional cost for the Customer.
Paolo Moretti shall not reimburse any amount spent by the Customer for the return shipment or return shipment packaging.
9. LIMITATION AND EXCLUSION OF LIABILITY
The Seller’s liability in the event of a defective product is expressly excluded in cases pursuant to art. 18 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and is also excluded and/or limited in all other cases pursuant to applicable legislation on the subject.
10. PRODUCT AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
(1) Paolo Moretti guarantees the authenticity and high quality of all products for sale on the Site.
(2) The Paolo Moretti brand, as well as the set of figurative and non-figurative brands, and more generally all other brands, illustrations, images and logos found on Paolo Moretti products, accessories and/or packaging are and remain the exclusive property of Moretti S.r.l., with registered office in Passaggio Duomo 2, Milan, 20123. Total or partial reproduction, modification or use of brands, illustrations, images and logos for any reason and in any form without express prior consent of Moretti S.r.l. are expressly prohibited. This clause is not applicable to the private use of Paolo Moretti products.
(3) Any combination of the above brands with other brands, symbols, logos and, more generally, any distinctive sign suitable for creating a mixed logo is also prohibited.
(4) Total or partial reproduction, modification or use of drawings, models or patents exclusively owned by Moretti S.r.l. is expressly prohibited.
11. FORCE MAJEURE
(1) Performance of contractual obligations by Moretti S.r.l. may be suspended as a result of unforeseeable circumstances or force majeure, which delay, hinder or prevent performance.
(2) Paolo Moretti shall notify the Customer of the unforeseeable circumstance or force majeure within 7 days from the time of its occurrence. In the event that services are suspended for a period longer than 15 days, the Customer may cancel the order and be refunded for the paid amount.
13. SPECIAL CONDITIONS OF SALE OF CUSTOM PRODUCTS AND/OR PRODUCTS TO BE MADE
For certain items, Paolo Moretti offers a product customization service (hereafter referred to as the “Customized Products”), to which the following shall apply:
(a) The special conditions as specified below (as follows: “Special Conditions”);
(b) The Terms and Conditions, in so far as they are not expressly or implicitly exempt from the Special Conditions. The terms with a capital letter in these Special Conditions have the same meaning as those in the aforementioned Terms and Conditions of sale.
(1) Order and Payment
a. The Customer agrees and accepts that any request for variation of a product found on the Site (like, for example, the size, tailoring, color, accessories, modifications to the model, etc.) shall be considered a customization and may result in a price change of the product displayed online.
b. A summary and description of orders of the Customized Products shall be sent from Paolo Moretti to the Customer via email. The Customer shall then reply to the email to confirm the order. Regarding the charge for the price of the Customized Products, provisions of article 5 of the Terms and Conditions shall continue to apply.
(2) Delivery of Customized Products
Notwithstanding anything in article 6, paragraph 6, contrary to the Terms and Conditions, the processing of Customized Product orders may take place in a long time frame. It shall be variable based on the article to be made. In any case, delivery times are indicative. Paolo Moretti sends a shipment confirmation email as soon as the products are available.
(3) Return and replacement of Customized Products
Right to withdraw from this agreement is excluded for Customized Products. No returns and/or refunds will be possible.
14. GOVERNING LAW AND JURISDICTION
(1) These Terms and Conditions shall be governed by and construed in accordance with Italian law.
In the event of discrepancy between the Terms and Conditions in Italian and those in a language other than Italian, the Italian version of the Terms and Conditions shall apply.
(2) Should any disputes arise regarding sales contracts entered into through the paolomoretti.shop website, the place of jurisdiction shall be the residence of the Consumer or, alternatively, the Court of Milan.
(3) For resolution of disputes, the conciliation proceeding set forth by the Legislative Decree no. 28 of 4 March 2010, may be applied. The Joint Settlement Procedure set forth by articles 141 et seq. of Legislative Decree no. 206 of 6 September 2005 (the Consumer Code) may also be applied. It is also possible to resolve out-of-court settlement of disputes using the “Risolvi Online” (Online Resolutions) service offered by the Arbitration Chamber of Commerce of Milan.
(4) Pursuant to art. 14 of Regulation 524/2013, should a dispute arise, the Customer may also lodge a complaint through the European Union’s ODR platform at the following link: http://ec.europa.eu/consumers/odr.