1. Summary of the main terms and conditions of sale
1.1. These General Terms and Conditions of Sale shall govern the offer and sale of Products, as hereinafter defined, on the web site www.morellatostore.com ("morellatostore.com" or the Website) carried out by Morellato S.p.A., (the Service) with registered office in Fratte di Santa Giustina in Colle (PD), Italy, via Commerciale 29, enrolled in the Companies' Register of Padova under no. PD367025 Tax Code and VAT no. 13442590157 (Morellato or the Vendor).
1.2. Please read carefully the entire General Terms and Conditions of Sale before placing your orders, as this is only a summary of the main terms and conditions of sale:
For any information you can also contact the Vendor's Customer Care by e-mail at the following address firstname.lastname@example.org.
Products are offered for sale only to (a) consumers (pursuant to Legislative Decree no. 206/2005) including any individual who is acting for purposes which are outside his or her trade, business or profession; (b) adults (pursuant to the laws of their respective Country); (c) resident in one of the following States Italy, Republic of S. Marino and Vatican City.
3. Products information and price
The products available on the Website include watches, jewels, leather goods, writing instruments and similar (the Products). You will find Products specifications and information in the product description on morellatostore.com. Prices are stated in Euro and include VAT. Shipping and delivery costs are excluded unless otherwise specified. Morellato may vary the prices listed on this Website. Please ensure that all pricing information on the Website is correct before placing an order.
4. Ordering procedures
4.1. To place an order for the purchase of one or more Products on morellatostore.com, you must select the relevant Products, fill in the online order form (to be considered as a contractual proposal), including the selected Products, methods of payment and your personal data for the delivery (the Order Form). Then you must follow the relevant instructions and send it electronically to the Vendor.
4.2. The Order Form is composed of a "personal detail" page including your address and additional personal information required for the delivery of the Products and of a second page in order to allow you to select the methods of payment (please refer to paragraph 9). The Order Form also includes the main festures of each Product ordered and the relevant unit price (including VAT), shipping terms and shipping costs.
Before submitting your Order Form for the purchase of Products, you will be asked to review the Order Form identify and correct possible input errors (and to print or save a copy of it) and also to carefully read and accept the General Terms and Conditions of Sale and the information notice for the process of your personal data.
4.3. The Order Form will be filed in our data base for the time required to process your order and as provided by law. You may access your Order Form on your personal page of the Website, section "my orders".
4.4. An order shall be deemed submitted when the Vendor receives and accepts your Order Form electronically and the order's information has been verified as correct. The Vendor may not process purchases when (a) there are not sufficient guarantees of solvency, or orders are incomplete or incorrect, and/or (b) the Products are no longer available. In the above cases, Morellato shall inform you by e-mail (in any case within thirty (30) days from the day after the Vendor has received your order) that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the price and delivery costs have been paid, the Vendor will refund the amount paid according to paragraph 5.
The contract shall be deemed as executed when Morellato send you a purchase order receipt e-mail, containing a summary of the information related to the Order Form (General Terms and Conditions of Sale, the Products' main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
5.1. Before submitting the Order Form you will be required to select one of the following methods of payment:
a) advanced wire transfer credited to Morellato S.p.A.;
c) Credit card (Visa and Mastercard).
5.2. In case of advanced wire transfer the relevant banking account and details will be confirmed to you by e-mail with the purchase order receipt sent by Morellato. Please note that you must also send a copy of the bank receipt to the fax no. +39 049 9323888 or an e-mail including the O.R.C. (i.e. the Operation Reference Code) to email@example.com in order to confirm the payment.
Both payment and the confirmation fax or e-mail must be made within and no later than five (5) working days from the date in which you submitted the ordering document to Morellato. Morellato will not process orders in the event of payment or confirmations made after such term.
Please ensure that the wire transfer includes all data required and that they are correct. Missing information may provoke delays in the processing operations of the orders and in the delivery of the Products.
5.3. In case of payment by PayPal, at the end of the ordering procedure you will be automatically transferred to PayPal login page. In this case, the purchase price will be charged to your PayPal account at the date of the receipt of the order to Morellato.
In the event of cancellation of the order, the amount already charged will be reimbursed to your PayPal account. In no circumstances Morellato shall be considered liable for damages, either directly or indirectly suffered, as a consequence of delays in the release of the sum by PayPal.
In no stage of the ordering procedure Morellato may have access to your financial details and information. Any transaction involving the use of the PayPal account will be confirmed by e-mail directly sent by PayPal.
5.4. In case of payment by credit card (Visa and Mastercard) all financial details (i.e. credit card number or expiration date) will be sent by encrypted protocol to Banca Sella without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of Products and the relevant shipping costs, as indicated in the Order Form, will be charged to your current account when the purchased Products are actually shipped.
6. Despatch and delivery of Products
6.1. Products will be despatched to the address specified in the Order Form only upon registration of the payment and provided effective payment of the purchase price. Delivery to PO boxes will not be allowed. Without prejudice to paragraph 4.4. above, Morellato shall despatch the Products no later than thirty (30) days from the day after the Vendor has received your order.
6.2. We ship to France, Germany, Spain, Austria, Belgium and Italy.
Delivery of Products in Italy shall take place within five (5) working days from the date of despatch, excluding saturdays, sundays and bank holidays. Delivery in other EU Member States shall take place within ten (10) days form the date of despatch. Such terms shall not be binding and in no event Morellato shall be liable for delays not attributable to Morellato's conduct.
6.3. If you decide to purchase Products belonging to different classes by submitting to Morellato a single Order Form, you should be aware that each Product may be delivered to you on different time.
7. Quality of Products and defects in conformity guarantee.
7.1. On the Website we offer for sale only Morellato Products. The Vendor does not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. User acknowledges that the Products offered for sale on morellatostore.com may not exactly correspond to the real items in terms of image and colours due to the Internet browser or monitor used.
7.2. All Products available on morellatostore.com are covered by a two years guarantee for defects in conformity appeared within two years from the date of delivery.
In order to exercise such a guarantee in connection with watches, you shall contact one of our authorised resellers listed at the following page; returned products must be complete with their original packaging and accessories, invoice and warrantee form. However, any non-conformities in the watches must be previously notified to Morellato within two months from the discovery according to the instructions included in the package.
For all other Products different from watches, you shall contact our customer care by sending an e-mail at the following address firstname.lastname@example.org within two months from the discovery of the defects, in order to correctly exercise your rights.
In any case, non-conforming Products returned to Morellato must be complete with their original packaging and accessories, invoice and warrantee form.
Morellato reserves the right to verify the defect claimed by the customer and to perform repair or replacement only after first making inspection. Whenever, following such check by Morellato, the defect is not considered to be a non-conformity defect. The Vendor reserves the right to charge the customer for the costs of verification, recovery and shipping costs.
8.1. You may return Products purchased from morellatostore.com, without any penalty and without specifying the reason, within ten (10) working days from the date of receipt of the Products purchased on morellatostore.com.
To return Products we invite you to send an e-mail to email@example.com before shipping your return package to us, in order to receive the return code. It is necessary to return the Products to the Vendor by giving them back to the courier within ten (10) working days from the date on which you have received the Products.
Please note that you will be responsible for all returning costs and charges and also for all risks for loss or damages of the Products.
8.2. The return right - besides compliance with the terms and procedures described at paragraph 8.1. above - shall be deemed correctly exercised once the following conditions have been fully met:
a) fill in and submit the Return Form within ten (10) working days from the receipt of the Products purchased on morellatostore.com with registered letter addressed to Morellato S.p.A. Via Commerciale, 29 - 35010 Fratte di Santa Giustina in Colle (PD). The return right may be also exercised within the same time frame by sending an e-mail to firstname.lastname@example.org and confirmed by registered letter to be sent within the following forty eight (48) hours;
b) the Products must not have been used, worn, washed or damaged;
c) the identification tag must still be attached to the Products with the disposable seal;
d) the Products must be returned, complete and unused, in their original packaging;
e) returned Products must be shipped back to the Vendor with a sole despatch within ten (10) working days from the date of receipt of the Products. Vendor shall not accept Products purchased with the same order returned and shipped back according to different despatches.
8.3. If the return right is exercised in compliance with the provisions set forth in this section, the Vendor shall refund the amounts paid for the returned Products. The Vendor shall refund amounts already paid as soon as possible and in any case within thirty (30) days from the date on which the Vendor becomes aware of your decision to exercise your return right. After having confirmed that the terms and conditions stated above have been duly complied with, the Vendor will promptly start the refund procedure as indicated in section 9.
8.4. In the event that your return does not comply with the terms and conditions set out in section 8 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to the Vendor; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the Vendor. If you do not wish to receive the products in the conditions in which they were sent back to the Vendor, the Vendor shall be entitled to keep the products and withhold the sums already received.
9. Refund Times and Procedures
9.1. After the Products have been returned, the Vendor shall check the conformity of the Products with the conditions indicated in paragraphs 8.1. and 8.2. above. When the Vendor is able to confirm that such conditions have been met, the Vendor shall send you an e-mail confirming the acceptance of the returned Products.
9.2. Whatever payment type you used, the refund procedure shall be started by the Vendor within thirty (30) days from when the Vendor was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned Products have been accepted.
9.3. If the recipient of the Products indicated in the Order Form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
10. Intellectual Property Rights
The "Morellato" trade mark as well as all trade marks, whether registered or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents ("Intellectual Property Rights"), which appear on the Products, Website, accessories or packaging, are and remain the exclusive property of Morellato. Any reproduction, whether complete or partial, modification or use of the Intellectual Property Rights, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
11. Force Major
Morellato shall not be bind by any contractual obligation and shall not be obliged to pay any indemnification in the event of force major events preventing Morellato from fulfilling its obligations under these General Terms and Conditions of Sale, including but not limited to insurrections, social disorders, telephone and internet breakdowns or damages to internet security and functionality, strikes and impossibility for Morellato to purchase the materials and Products from third parties.
13. Governing Law
These General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206/2005 on distance contracts and by Legislative Decree no. 70/2003 on certain aspects related to e-commerce.
14. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on morellatostore.com. Please visit this section of the Website on regular basis in order to check the publication of the most recent and updated General Terms and Conditions of Sale.