Terms and conditions

Terms of sale terrediatanor.local

1. Introduction and Scope

These Terms of sale (hereinafter referred to in short as “Terms”) govern the online sale of products through the website terrediatanor.local managed by Merotto Milani S.r.l., with registered office in Via Corte d’Assise n.4 – 31030 – Casier (TV), Italy, PEC: merottomilanisrl@pec.it, registered at the Treviso Chamber of Commerce under number TV-104173 in the Register of Companies, Tax identification and VAT No. 00226650265, registered capital 50.000,00€. All requests for information can be sent to our customer service at the mail address above or e-mail info@terrediatanor.local
All distance (purchase) contracts entered into online through the website terrediatanor.local and in accordance with the procedures indicated therein, between Merotto Milani S.r.l. and the Customer (as defined in clause 2.- Definitions), shall be governed by these Terms and placing an Order (as defined in Clause 2.- Definitions) implies acceptance thereof by the Customer. Any exoneration clauses as well as any special conditions of supply shall be expressly agreed in writing. Any conduct, also repeated, by either party that does not comply with one or more of these terms may in no way prejudice the right of the other party to request application thereof at any time.
Merotto Milani S.r.l reserves the right, unilaterally and at any time, to make changes to these Terms, which shall take effect from the moment of publication on the aforementioned website and shall refer to sales made from that time onwards.

2. Definitions

Under these Terms the following definitions are applicable:a) “Customer” means any natural person who places an Order for purposes unrelated to any business, commercial, artisan or professional activity carried out;b) “Contract” means every agreement relating to the sale and purchase of one or more products entered into between the Customer and Merotto Milani S.r.l. through access to the address terrediatanor.local, within the scope of a distance selling system, make in accordance with the indicated procedures;c) “Order” means every offer of purchase regarding one or more Products made by the Customer to Merotto Milani S.r.l., sent online through the website terrediatanor.local and in accordance with the procedures indicated therein.

3. Making of Contract

Presentation of the products on the website terrediatanor.local constitutes an invitation to users of the website to make Merotto Milani S.r.l. an offer of purchase. Such invitations to offer are not binding on Merotto Milani S.r.l. and, more specifically, do not constitute offers to the public pursuant to section 1336 of the Italian Civil Code.Every Order sent by the Customer, in accordance with the methods set out on the website terrediatanor.local, shall be to all effects and purposes treated as a contractual offer by the same Customer.
The contract entered into between Merotto Milani S.r.l. and the Customer comes into force with the acceptance, even only partial, of the Order by Merotto Milani S.r.l., which reserves the right, at its discretion, whether or not to accept the offer of purchase once it has checked the availability of the product forming the subject matter of the Order.Merotto Milani S.r.l. shall notify customers via e-mail or telephone if it cannot accept the order, giving the reasons.
The Offer of sale is agreed as “while stocks last”. If the actual product is no longer available from the manufacturer or longer lead times than those indicated on the website are required, Merotto Milani S.r.l. shall promptly notify the customer accordingly via e-mail or telephone.In the latter case, the Customer may choose to:- change product;- wait also beyond the times as set out in clause 7 herebelow;- cancel the Order and be refunded for any amount paid. Any refund shall be processed as quickly as possible and in any event within 30 days from receipt of the request for refund.
Upon placing the Order, Customers declare that they have taken note of all the indications provided during the purchase procedure and fully accept the Terms as well as the terms of payment written below.
Once Customers have ended the online purchase procedure, they undertake to print or save an electronic copy and in any case to retain these Terms accepted with the sending of the Order for purchase, in compliance with all that is specified under sections 52 and 53 of Italian Legislative Decree No. 206/2005 on distance selling.
Under no circumstances may buyers insert data that are false, related to third parties or made-up in the registration procedure necessary for activating the procedure to process this contract. Merotto Milani S.r.l. reserves the right to prosecute all and any violation and abuse in the interests and for the protection of all consumers.
Merotto Milani S.r.l. reserves the right to refuse orders coming from users who do not give sufficient guarantees of solvency or with whom there are pending disputes.

4. Methods of Purchase

The Customer may only purchase products, as described in the relative data sheets, to be found in the electronic catalogue of Merotto Milani S.r.l. at the time of placing the order and which can be seen at the address terrediatanor.local.
Correct reception of the order is confirmed by Merotto Milani S.r.l. via e-mail (confirmation of order) sent to the address notified by the Customer. This message of confirmation will show the Date and Time of receiving the order and an ‘Order Number” to be used in any further communication with Merotto Milani S.r.l.. The message includes all the data inserted by the Customer, who undertakes to check the accuracy thereof and to request any corrections promptly in accordance with the methods described in this document.
In the event of non-acceptance of the order, Merotto Milani S.r.l. undertakes to notify the Customer promptly.

5. Price and delivery charges

All prices for the products on sale through the website are quoted in Euro (€) and are agreed as retail prices and therefore inclusive of VAT. Merotto Milani S.r.l. reserves the right to change the prices given on the website at any time without notice. Any changes to the prices shall not, however, be applied to Customers who have already placed an Order.
In addition to the price for purchasing the product the Customer pays a delivery charge, indicated in the purchase procedure prior to the order being placed by the Customer.A dedicated delivery system through carrier appointed by Merotto Milani S.r.l. will be used for certain products and for certain destinations, ensuring the Customer the best solution in terms of time and money. In such cases the Customer may contact Merotto Milani S.r.l. directly at the address info@merottomilani.com.Prior to the confirmation of order by the Customer, Merotto Milani S.r.l. undertakes to identify the carrier and to send all relative data and costs via e-mail to the Customer. The Customer may then confirm via e-mail to Merotto Milani S.r.l. the proposed solution, accepting costs and times. Once this confirmation has been received the goods will be sent to the Customer in accordance with the agreed methods.If the Customer does not accept the proposal, he/she may decide whether to proceed independently with organising the delivery or to cancel the pre-order.Costs of customs clearance operations cannot be calculated in advance and the Customer will be notified accordingly directly by the relevant Offices.
The amount related to Delivery Charges may vary according to the destination given by the Customer. Deliveries to difficult-to-reach or remote places (e.g. Venice Lagoon) could entail changes to the indicated transport rates. Merotto Milani S.r.l undertakes to notify the Customer promptly of any change in the delivery charges.
Any expense for storage should it be impossible to deliver the goods due to reasons attributable to the Customer will be charged to the latter.
For every order placed through terrediatanor.local, Merotto Milani S.r.l. will issue the relative invoice using the information provided by the Customer at the time of placing the order. The invoice cannot be changed after it has been issued.

6. Method of payment

The price of the products and relative delivery charges may be paid by PayPal, credit card or credit transfer.a) PayPal (Ebay group company).Paypal offers an online payment system through credit card, acting as intermediary between the user and whoever receives the payment. With more than 100 million accounts worldwide, PayPal offers customers the security of knowing that the details on their card are not held by the other party: your details are inserted just once and from then on all you have to do is access your own account to make payments. With PayPal it is possible to pay for purchases by linking your PayPal account to a credit card (or rechargeable prepaid card) Visa, Visa Electron and MasterCard, or using your own balance. Registration is free of charge and quick; all that is needed is an e-mail address, which will also be used to notify every transaction that is carried out. The order is sent immediately. If you are already registered or you register at the time of placing the order, you can pay in all safety with PayPal. When you use this method we can check immediately and in real time if our PayPal account has been credited and the order is then processed at once. The order will be indicated as prepaid in the confirmation of order that the Customer will receive via e-mail.For more information on the PayPal payment system, go to the website www.paypal.comb) Credit cardAll Visa, Visa Electron, V Pay, MasterCard and Maestro credit cards and prepaid cards can be used on this site.Merotto Milani S.r.l. uses the secure payment system PagOnline Carte offered by the UniCredit banking group, which allows online purchases to be made with the guarantee of security and privacy. Transactions are not completed with tools managed by Merotto Milani S.r.l., but through UniCredit banking group servers with secure technology. Merotto Milani S.r.l. does not therefore have access to information related to the credit card, but simply manages buyers’ details (name, surname, address…) needed for sending the products to their domicile.c) Advance bank transfer
This method allows Customers to pay for their purchases after having sent the order, by making a credit transfer to the following bank account:

Beneficiary: Merotto Milani S.r.l.

IBAN: IT13D0200812060000103070462

Reason: insert assigned order number given in the confirmation of order sent via e-mail.

Details of the current account and the IBAN code will also be given in the summary e-mail at the time of placing the order.

The order will only start to be processed when the payment is effectively credited to the current account of Merotto Milani S.r.l. and the confirmation of order sent to the Customer via e-mail will have the wording “waiting for payment”.

To ensure that the purchase goes through, the credit operation must be completed within 5 business days from the date the order is accepted; when this period has elapsed the order will be automatically cancelled.

Merotto Milani S.r.l. only accepts the transfer if all the bank or additional charges are paid by the Customer.

If the transfer amount does not correspond to the amount of the order, Merotto Milani S.r.l. will contact the Customer to agree the methods for proceeding with the actual order.

It is recommended that the Customer keep a copy of the bank transfer receipt as proof of payment.
Merotto Milani S.r.l. reserves the right to ask the Customer for additional information (e.g. landline telephone number) or to send a copy of documents proving ownership of the card that has been used. If the requested documentation is not provided, Merotto Milani S.r.l. reserves the right not to accept the order.
At no time during the purchase procedure is Merotto Milani S.r.l. able to know the details related to the buyer’s credit card, since they are inserted directly onto the website of the bank that is managing the transaction, nor is there any possibility that these details are intercepted. Under no circumstances may Merotto Milani S.r.l. therefore be held liable for any pirating or unauthorised use of credit cards by third parties upon paying for products purchased on the website terrediatanor.local.
Under no circumstances may Customers be held liable for delays or problems in payment when they can show that the payment has been made within the times and in the ways indicated by Merotto Milani S.r.l.

7. Delivery times

Delivery times of ordered products are approximate; they may vary due to traffic or road conditions in general, official acts or force majeure (strikes by carriers, etc.), as well as otherwise unforeseeable events such as earthquake, flood, fire, explosion and so on. In such events Merotto Milani S.r.l. assumes no liability for consequent disservice or for damage or loss or expense suffered as a result of non-performance of the contract due to the aforesaid reasons.
In respect of the Order received from the Customer, Merotto Milani S.r.l. undertakes to process the order within 30 days from confirmation of the purchase or from payment if the Customer has used the bank transfer method. Otherwise the order will be cancelled and the Customer will be refunded any amount paid. Merotto Milani S.r.l. may not, however, be held liable in the event of delay in the processing of the order or delivery of the ordered goods entrusted to the delivery courier.The e-commerce system used on the website terrediatanor.local is intended to offer the Customer the maximum possibility of choice of products for each selected designer. The delivery time of 30 days is influenced by the fact that the Atanor products are made with handicraft and not industrial processes, which require much longer supply and production times because they are made in small lots. Merotto Milani S.r.l. will promptly inform Customers via e-mail of any problems over product availability or excessive delays in delivery so that Customers may freely decide whether or not to withdraw from the contract in accordance with the law.
Merotto Milani S.r.l. will send an e-mail to Customers at the address specified on the order, which will contain the date on which the goods were delivered to the courier and the relative tracking number.
With reference to delivery of the goods by courier, the obligation of Merotto Milani S.r.l. to deliver the product is considered as duly fulfilled when the ordered goods are handed over to the courier. Any delays or mistakes or similar events in delivery of the goods shall therefore be the sole responsibility of the company that manages the dispatch and delivery. In such events the Customer undertakes not to make any claim for compensation against Merotto Milani S.r.l..
Neither can Merotto Milani S.r.l. be held liable for delayed or non-delivery in the event in which: despite having proceeded with the regular and prompt purchase of the products from its own suppliers to cover the received Order, it has not been supplied within the times and in the ways agreed with the supplier; it is unable to make up for the non-availability of such products due to circumstances beyond its control and has promptly notified the Customer of the non-availability.

8. Methods of Delivery of the Goods

Merotto Milani S.r.l. delivers, by means of courier, throughout the whole Italian territory and internationally, except for Russia and China, the selected and ordered products to the address indicated by the Customer at the time of placing the order. P.O. Boxes are not considered valid addresses for the purposes of delivery.During the purchase procedure Customers shall indicate the country of destination or, should the country not be included among those for which there is an agreement with the courier, they may send an enquiry to the e-mail address info@terrediatanor.local, giving the area of destination. Merotto Milani S.r.l. will provide information accordingly.
The amount for Delivery Charges may vary according to the destination given by the Customer. Deliveries to difficult-to-reach or remote places (e.g. Venice Lagoon) could entail changes to the indicated transport rates. Merotto Milani S.r.l undertakes to notify the Customer promptly of any change in the delivery charges.
Il documento di consegna rilasciato dal trasportatore, datato e firmato dal cliente alla consegna del prodotto costituirà una prova in materia di trasporto e rilascio del bene.The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the product, shall be proof in respect of transportation and release of the goods.
The delivery is agreed at ground floor level (curbside delivery).

9. Complaints

Customers shall check at the time of delivery of the goods:a) that the number of packages delivered tally with what is written on the invoice;b) that the packaging is intact, not damaged or wet or in any way spoilt.
Any external damage or discrepancy in the number of packages or in the indications shall be pointed out immediately to the courier making the delivery, writing “ACCEPTED WITH RESERVATION” on the courier’s delivery receipt and giving “THE REASON” for the reservation (e.g. I accept the damaged package with reservation), and then confirmed, within 8 days from receiving the goods, by means of recorded delivery letter with form for acknowledgement of receipt, TO THE COURIER, whose address is clearly shown on the accompanying document.
Once Customers have signed the courier’s document, they may no longer raise any objection or make any complaint regarding the exterior aspects of the delivered goods. Acceptance of the goods without reservation rules out the possibility of subsequent claims for any shortages or damage due to transportation.
Any hidden damage that cannot be seen at the time of delivery shall be reported to the courier within 8 days from receiving the goods, by means of recorded delivery letter with form for acknowledgement of receipt, and reported to Merotto Milani S.r.l., via e-mail, within 5 business days. It is indispensable to attach photographic documentation proving the damage.
In respect of the aforementioned cases, Merotto Milani S.r.l. shall be considered as exempt from all and any liability for loss or damage of the goods from the moment in which the same are delivered without reservation to the carrier for transportation. From the moment Customers receive damaged goods or request the carrier for re-delivery thereof, they shall act directly and exclusively with the same carrier.

10. Warranty

Laws concerning warranty (sections 1490 et seq. of the Italian Civil Code), therein including the provisions under the Consumer Code (section 128 et seq. of Italian Legislative Decree No. 206 of 6 September 2005) apply to purchases made by the Customer. Please keep the invoice issued at the time of sale in order to be able to use the warranty.Merotto Milani S.r.l. is liable in respect of the Customer for any non-conformity that the latter may find in the purchased products, which appears within the following 2 years after delivery of the goods.Customer forfeit all rights whenever they do not report the non-conformity to Merotto Milani S.r.l. within 2 months from the date on which the defect was discovered.In the event of non-conformity, the Customer may alternatively and without expense, on the conditions indicated below, request the remedy of repair or replacement of the purchased goods, a reduction in the purchase price or rescission (cancellation) of this contract, unless the remedy is objectively impossible or disproportionate for Merotto Milani S.r.l. pursuant to the fourth paragraph of article 130 of the Consumer Code.The request shall be made to Merotto Milani S.r.l. in writing and sent by recorded delivery letter with form for acknowledgement of receipt and the latter will indicate its acceptance of the request or the reasons why it refuses the same, within 7 business days from receipt of the aforesaid letter.When Merotto Milani S.r.l. accepts the Customer’s request, the same notification will indicate the methods for dispatching or returning the goods as well as the time limit for the return or replacement of the defective goods.
Should repair or replacement be impossible or disproportionate, or should Merotto Milani S.r.l. not have repaired or replaced the goods within a reasonable time from the request for remedy or, lastly, should replacement or repair already carried out have caused significant inconvenience to the Customer, the latter may request, at his/her discretion, an appropriate reduction in price or rescission (cancellation) of the contract. In this event the Customer shall send the relevant request to Merotto Milani S.r.l. and the latter will indicate its acceptance to remedy the same or the reasons why it cannot, within 7 business days from receipt of the request.

When Merotto Milani S.r.l. accepts the Customer’s request, the same notification will indicate the offered reduction in price or the methods for returning the defective goods. It shall in such cases be the responsibility of the Customer to give the necessary bank details for the refund of the previously paid sums.
In addition to the foregoing reasons, the warranty will not be applicable if:a) the fault or malfunction has been caused by neglect, tampering incorrect use or misuse;b) the damage or accidents are not attributable to Merotto Milani S.r.l. or are due to unexpected causes or force majeure.In the cases in which application of the warranty entails return of the product, the goods shall be returned by the Customer complete with all the parts thereof (including any documentation and accessories: guides, etc.) and carefully packed.

11. Guarantee of product conformity

Due to local settings of systems and tools used for viewing as well as the handicraft nature of the products on sale, the images and colours published on the website could differ from those of the real products.There could be differences between the information provided for each product and the relative photographs on the website and the product received. Such differences are due to the fact that Atanor products are made with handicraft and not industrial processes. Small imperfections in the structure and surface finish are deliberate, being a specific feature of the product and testifying to the craftsmanship with which it is made.
Pursuant to articles 128 – 135 of the Italian Consumer Code, the same conditions as those under the law of the right of withdrawal are contemplated for all and any product with manufacturing defects.

12. Right of Withdrawal

Pursuant to Italian Legislative Decree No. 21 of 21 February 2014, the Customer is entitled to withdraw from the purchase contract for any reason whatsoever and without any penalty.
The Customer is entitled to withdraw from the contract, without giving the reasons, within 14 (fourteen) days (cooling-off period) from the day on which the customer or a third party, other than the carrier, received the purchased product or, in the case of multiple goods ordered in one order and delivered separately, from the day on which the last good is received. The withdrawal period expires after this deadline.To exercise the right of withdrawal, the Customer shall send written notice thereof to Merotto Milani S.r.l., Via Generale dalla Chiesa, 9/13 – 31030 – Casier (TV), by means of recorded delivery letter with form for acknowledgement of receipt, or by sending a notice via e-mail to the address info@terrediatanor.local. The date of sending the notice shall be proof for the purpose of withdrawal within the allowed period.The notice shall contain the address for collection, the relative order number, number of packages and size of the goods to be returned as well as the bank details required for the refund of paid sums.
As a consequence of exercising the right of withdrawal, the Customer shall return the purchased product to Merotto Milani S.r.l.. Upon receiving the notice, Merotto Milani S.r.l. shall then send an e-mail to the Customer giving details of the methods for collection of the goods.
Merotto Milani S.r.l. undertakes to collect the goods without undue delay within 14 days from the day on which the Customer has notified the exercise of the right of withdrawal from the contract.
It is a condition of the essence for exercising the right of withdrawal that the goods to be returned are undamaged. It is, however, sufficient that the goods be returned in a normal state of preservation, in that they have been kept and possibly used with normal care. It is therefore not possible to exercise the right of withdrawal only on a part of the purchased product (e.g.: accessories) and used products that show signs of damage or neglect will not be accepted since they can no longer be deemed intact.
Transportation/delivery costs for the return of the goods are fully charged to the Customer.
The Customer is liable for the risks connected with damage to or destruction of the product during transport for the return thereof. Merotto Milani S.r.l. shall notify the Customer of the occurrence thereof (within 5 business days from receiving the goods), to allow the latter to promptly file a complaint against the courier that has been used and to obtain the reimbursement of the value of the goods (if insured); in this event the product will be made available to the Customer for the return thereof. It is agreed that in such circumstances products shall not be considered intact and the withdrawal from the contract will not take effect.
Should the right of withdrawal be exercised in conformity with the preceding provisions, Merotto Milani S.r.l. shall refund the Customer the amount already paid (minus delivery expenses) within 14 (fourteen) days from the day on which notice of withdrawal is received, subject to receiving the goods forming the subject matter of the withdrawal, through reversal of the amount debited by means of bank transfer.It shall be the responsibility of the Customer to provide the bank details promptly for the refund to be made (IBAN of the person the invoice is made out to).
Having exercised the right of withdrawal within the aforesaid deadline, the products shall be returned:- properly enclosed in their original packaging;- in a perfect state for resale, i.e. not deteriorated, damaged or dirty;- together with all and any accessories, instructions for use and other documentation;- together with suitable documentation to allow the Customer to be identified: transport document present in the original packaging; Order number; name, surname and address of the Customer.
Should the foregoing provisions not be complied with, withdrawal shall not take effect and as a consequence the returned product will not be accepted by Merotto Milani S.r.l.. The products will therefore be returned to the sender, who will be charged transport costs, or will be made available to the same for collection.

13. Exception from the right of withdrawal

Customers may not exercise the right of withdrawal in respect of the purchase of products made to their specifications or clearly personalised which, by their very nature, cannot be returned, or products which are liable to deteriorate or expire rapidly and in all other cases specified under article 55 of the Italian Consumer Code.

14. Notices

Any written notice sent to Merotto Milani S.r.l., unless otherwise established, shall only be deemed valid if sent by recorded delivery letter with form for acknowledgement of receipt to Merotto Milani S.r.l., Via Corte d’Assise n.4 – 31030 – Casier (TV), Italy, or via e-mail to the address info@terrediatanor.local, or to any addresses that may be indicated at a later date.
Customers give their residence or domicile, telephone number or e-mail address on the order form to which they wish notices to be sent.

15. Intellectual and industrial property rights

Merotto Milani S.r.l. specifies that the website terrediatanor.local, as well as the trademark Atanor and the distinctive marks used in relation to the sale of the offered products, are protected by applicable intellectual and industrial property rights and may not be reproduced, communicated, distributed, published, altered or changed in any way of for any purpose whatsoever. Merotto Milani S.r.l. reserves the right to take legal action to protect these rights.
All the products on sale on the website terrediatanor.local are the exclusive property of the brand Atanor of Merotto Milani S.r.l. and no part thereof may be reproduced, communicated or distributed by third parties without the express agreement of Merotto Milani S.r.l., which reserves the right to take legal action to protect these rights.

16. Protection of personal data

Merotto Milani S.r.l. is the data controller with regard to the personal information the customer gives at the time of making a purchase, except for the information related to the payment procedure for which reference should be made to the banks through which the transaction is made. For information related to the processing of personal data, including the rights as specified under section 7 of Italian Legislative Decree 196/03, please read the privacy policy to be found on the website terrediatanor.local.

17. Method of filing the contract

Pursuant to section 12 of Italian Legislative Decree No. 70/2003, Merotto Milani S.r.l. informs Customers that every order that is sent is kept in digital/hardcopy form on the server/at the registered office of Merotto Milani S.r.l. in accordance with principles of confidentiality and security.

18. Settlement of disputes

In the event of civil litigation between the Parties in connection with or related to the application of these Terms, which refer to Sections I to IV of Chapter I of the Directive 2011/83/EU, the courts of the place of residence or domicile of the consumer, if located within the State, shall have exclusive jurisdiction.
To settle disputes arising from the precise application of contracts governed by the provisions of Sections I to IV of Chapter I of the Directive 2011/83/EU, recourse may be made to mediation procedures as set out in Italian Legislative Decree No. 28 of 4 March 2010. The foregoing without prejudice to the possibility of using the procedures of voluntary and joint negotiation set out under the second paragraph of section 2 of the same Legislative Decree No. 28 of 4 March 2010.

19. Applicable Law and Reference

This Contract of sale between the Customer and Merotto Milani S.r.l. is governed by and construed in accordance with Italian law.
For whatsoever is not expressly provided for under these Terms, reference is made to the provisions of law concerning sales applicable to the relationships and the cases as set out in this Contract.
Should any clause or provision of the contract be deemed inapplicable, it shall not affect the validity of the contract as a whole or the other clauses or provisions.
Pursuant to section 60 of Italian Legislative Decree 206/2005, the rules contained in Part III, Title III, Chapter I, Section II of Italian Legislative Decree No. 206 of 6 September 2005 and Sections I to IV of Chapter I of the Directive 2011/83/EU are expressly referred to.