Welcome to marcellamilano.com website (hereinafter the ”Website”).
1.1 The Website and its contents are designed, operated and administered by Marcella Milano, with registered office in Via Ernesto Tricomi 6/B, 90127 ,Palermo , Italy, VAT no. 06495920826, REA PA-325042.
1.2 Purchases made through the Website by customers in Italy are processed by Marcella Milano, with registered office in Via Ernesto Tricomi 6/B, 90127 ,Palermo , Italy, VAT no. 06495920826, REA PA-325042.
2. User Age
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual’s relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
3. Registration and Subscription to the Services
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
4. Duration and Termination
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
4.3 You may terminate your registration for, or subscription to, the Website at any time at your sole discretion, without reason, by sending an e-mail to email@example.com. We will confirm to you the cancellation of your registration or subscription.
5. Electronic Services
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
6. Intellectual property rights
6.1 The terms ”Website” and ”Material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any Material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other Material reproduced and / or made available through this Website (”Material”).
6.2 All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Marcella Milano by Milano Provvidenza. All rights are reserved, worldwide.
6.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Marcella Milano. All domain names used on the Website and / or connected to it are owned – or used with permission – by Marcella Milano, which manages them on a worldwide basis.
6.4 This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
6.5 It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the Material in this Website or related software , in whole and / or in part, in any form and / or manner, and for any purpose.
If the downloading or the copying should be permitted by Marcella Milano in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
7. Submitted material
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Marcella Milano through this Website or by other means (”Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to Marcella Milano a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
7.2 Marcella Milano is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
7.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
7.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Marcella Milano to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
8. Links to other sites
8.1 This Website may contain links to other websites. Marcella Milano has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Marcella Milano of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
8.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Marcella Milano.
9. Authenticity of products branded ”Marcella Milano”
9.1 The products branded ” Marcella Milano” promoted through the Website are made with the finest materials, and they are all MADE IN ITALY.
13. Governing Law
General Conditions of Sale
Last update March 2017
1. General provisions
2. Identification of the vendor
3. Information on Products and their availability
5. Execution of the contract
6. Method of payment
7. Transport and delivery
8. Dispatching and delivery confirmation
9. Wrapping or packaging
10. Right of withdrawal
11. Personalized Products
12. Replacement of Products
13. Lack of conformity
14. Guarantee of authenticity and intellectual property rights
15. Applicable law and competent jurisdiction
1.1 These general conditions of sale (“General Conditions”) apply to all distance sales of Marcella Milano products (“Products” or “Product”) carried out through the marcellamilano.com (”Website”).
1.2 Distance selling of Products under these General Conditions is only available to consumers (“Clients” or (“Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
1.3 The language used to enter any contract of sale through this Website is Italian.
1.4 Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by Marcella Milano according to Section 5.10 below. Contracts of sale executed with Clients will be archived by for the retention period required by applicable law.
2.1 The vendor is Marcella Milano by Milano Provvidenza, with registered office in Via Ernesto Tricomi 6/B, 90127 ,Palermo , Italy, VAT no. 06495920826, REA PA-325042.
3.1 Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.
3.2 The Products available on the Website are a selection of items normally available in stores; however Marcella Milano does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned in the Website.
3.3 Marcella Milano reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; Marcella Milano is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract.
3.4 In no case Marcella Milano shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4.1 The prices of the Products are indicated on the Website in Euros and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
4.2 Marcella Milano regularly verifies that prices of the Products displayed on the Website are correct; however, Marcella Milano cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Marcella Milano shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Marcella Milano will also offer the Client the opportunity to cancel the order.
5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Marcella Milano.
5.3 To purchase a Product Client must (i) include the selected Product in the ”Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment modality, (iv) accept the General Conditions and (v) send the order proposal to Marcella Milano through the Website.
5.4 Sending of the order constitutes a proposal to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the withdrawal right under Section 10). The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Product(s).
5.5 Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their ”Shopping Bag”).
5.7 An order proposal may be refused by Marcella Milano (provided that no consideration shall be due by the Client to Marcella Milano, with the sole exception of those sums mentioned under Section 6 below, if any) within 30 days at its sole discretion, including in case of:
(i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or
(ii) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes;
(iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Marcella Milano.
5.8 The contract between Marcella Milano and the Client is executed upon receipt by the Client of the acceptance by Marcella Milano of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Marcella Milano shall be sent to the Client via e-mail at the address provided by the Client in the order proposal (”Order Confirmation”).
5.9 In case of unavailability of one or more of the ordered Products , the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10 In accordance with the provisions of Article 51, para 7, of the Consumer Code as defined below, the Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms and a copy of these General Conditions.
5.11 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.
6.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit card, PayPal or by bank transfer.
6.2 Marcella Milano accepts payments made with the following credit cards: Visa; MasterCard; American Express; Switch; Diners.
6.3 The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorisation to debit the card has been received from the issuer of the card used by the Client, and
(iii) the availability of the Product has been confirmed by Marcella Milano.
6.4 No debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.
6.5 Marcella Milano also accepts payments made by bank transfer to the following IBAN code: IT15I0538743070000002299885. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.
6.6 In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Marcella Milano’s bank account, in case of bank transfer) within the due deadline (see point 6.5 above), the contract will not be executed and the order will be cancelled.
7.1 Products shall be delivered to the address indicated by the Client in the order proposal. The signature of the Client (or of a nominated representative) will be required at the time of delivery. The Courier may request to show an ID to the person receiving the parcel. Marcella Milano shall not deliver to PO Boxes.
7.2 In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by Marcella Milano.
7.3 For each order, Marcella Milano shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7.4 Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
7.5 The purchased Product shall be delivered by a courier service selected by Marcella Milano (hereinafter, ”Courier”); the purchased Products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within 30 (thirty) days from the date of the Order Confirmation (except that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term the Client, by sending an e-mail to the e-mail address firstname.lastname@example.org , may provide Marcella Milano with a further 7 (seven) days term (or such additional period of time – if any – as may be required by the relevant applicable law, or reasonable in the circumstances) to deliver the Product, provided that, in case of failure to comply with such term, the Client shall be entitled to repudiate the Contract and Marcella Milano shall, without undue delay, reimburse all sums paid under the Contract.
7.6 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
8.1 Marcella Milano shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
9.1 Products purchased from the Website are delivered with the same Marcella Milano’s personalized standard packaging
10.6 Once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in this Section 10.
11.1 In accordance with the provisions of Article 59, para 1, letter c), of the Consumer Code as defined below, the right of withdrawal does not apply to orders for personalized Products, such as, for example, those with the Client’s initials engraved on the Product.
12.1 Without prejudice to the Client rights according to Sections 10 and 13, Marcella Milano allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:
(I) Once the Product is received, the Client shall promptly contact Marcella Milano by email at email@example.com;
(II) Client shall fill in the form provided with the delivered Product which is intended to be replaced, clearly indicating the code and the size of the new Product that the Client wishes to receive (such codes and sizes being indicated on the Website);
(III) no later than 14 (fourteen) days from the date of delivery of the Product, the Product to be replaced must be returned by the Client to Marcella Milano in its original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 12.1 (II) above. Delivery costs for returning the Product shall be borne by the Client;
(IV) the amount paid by the Client shall be reimbursed by Marcella Milano, through the payment system used by the Client for the purchase, within 14 (fourteen) days after the returned Product has been delivered to Marcella Milano;
(V) the replacement will be accepted by Marcella Milano subject to the availability of the new Product requested.
12.2 The replacement will be processed by Marcella Milano as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order.
13.1 If a Product sold by Marcella Milano has manufacturing defects or in any case of alleged lack of conformity of Products sold by Marcella Milano, the Client must contact Online Support by email at: firstname.lastname@example.org.
13.2 The legal guarantees established by Articles 129, 130 and 132 of the Consumer Code as defined below apply to the sale of the Products. Under these Articles, the Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to Article 130, para 7, of the Consumers Code), to have an appropriate reduction in the price of the Products, or the contract cancelled. The Client loses these rights if fails to notify Marcella Milano of the lack of conformity within 2 (two) months of the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by Marcella Milano shall automatically lapse 26 (twenty six) months after the delivery of the Products.
13.3 In the event that the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Marcella Milano, as well as any costs related to the delivery to the Client of the repaired or replacing Product.
14.1 Marcella Milano guarantees the authenticity of all Products purchased on the Website. Products bearing the “Marcella Milano” trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY.
14.2 The “Marcella Milano“ trademark, together with the set of figurative and non-figurative trademarks, service marks, present in the Products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of Marcella Milano by Milano Provvidenza.