1. DEALER COMPANY AND SITE OWNER
Products purchased on the website
my-collection.store (hereinafter defined as “Products”) are sold directly by the Company ANDREA MERLO(hereinafter defined as Seller), owner of this website and registered in the Company Register of Milan as follows:
Codice Fiscale (tax ID number): MRLNDR67H14F205S
Email:
andrea@my-collection.store.
Address of operational headquarters and registered office:
Via Camillo Chiesa, 31
20010 Pogliano Milanese (MI)
ITALY
2. ORDERS
These general conditions of sale (hereinafter defined as "General Conditions of Sale") form an integral part of the purchase order and the subsequent online sales contract stipulated between the purchaser (hereinafter defined as "Customer") and the Seller. The Customer is therefore required to carefully read these General Conditions of Sale before submitting the purchase order. The forwarding of the purchase order implies the full knowledge and acceptance of the General Conditions of Sale as well as of what indicated in the order form.
The age of majority and the legal capacity to act are necessary in order to validly make a purchase order. Both are presumed to exist if the Customer decides to complete the purchase order.
3. CONCLUSION OF THE CONTRACT
In order to conclude the contract for the purchase of one or more Products on the website my-collection.store the Client must correctly complete the order form in all its parts and send it to the Seller electronically by following the purchase procedure.
The Purchase Order filled in by the Customer will be sent by the same only if he/she confirms, through a special explicit command:
a) to have read and accepted these Terms of Sale;
b) to have been made aware of and have
accepted the fact that the confirmation of the Purchase Order in itself implies the obligation to pay the price of the selected Products and that the payment can be made of his/her by paying through
In case of absence of such confirmation, the order cannot be sent by the Customer or received by the Seller.
All orders are subject to the Seller’s approval.
The Purchase Contract will be considered concluded when the Customer receives an acknowledgment of receipt of the order by e-mail from the Seller. From the moment of conclusion, the Seller will take charge of the purchase order.
The order form will be filed in the appropriate
data bank of the Seller for the time necessary to ensure performance of the service and to fulfil any legal obligations.
By sending the purchase order, the Customer accepts in any case the delivery conditions indicated on the website
my-collection.store. The Customer is the only party directly responsible for the communication of incorrect, incomplete, inaccurate or untrue data related to him/her or relative to third parties who have or have notgiven the authorization to use all or part of these data, also in relation to their correct use.
4. OBJECT OF THE CONTRACT
The contract can apply for the following Products or categories of Products: Jewels (Bracelets, Earrings, Necklaces, Rings, Headbands, Pendants) as well as all other products included in the catalogue.
The Products mentioned are marketed via the internet through the website my-collection.store by the Seller.
The main characteristics of the Products are shown on each Product description.
The images accompanying the description of a Product are for information purposes only and may not be fully representative of its features but can be different, i.e. in colour and size (as in the case of natural stones, which may vary slightly in colour intensity). Any significant differences between the images and the product offered for sale will be reported at the time of ordering.
5. PRICE OF PRODUCTS AND OTHER EXPENSES
Product prices are shown on the website
my-collection.store and are inclusive of VAT (sales tax). Prices do not include shipping costs.
Prices, discounts and technical features of the items may change over time (due, for example, to changes in our suppliers' price list, currency exchange rates, regulatory changes). Prices, shipping costs and technical characteristics will be definitively indicated to the Customer before the finalisation of the purchase order and can no longer be modified by the Seller after the order has been confirmed.
Shipping costs are charged to the Customer and are calculated based on destination. The expenses do not include any duties and taxes that may be due under the regulations in force in the individual foreign Countries of destination, with respect to which the Customer will be required to provide for payment and to acquire all appropriate information, before sending the purchase order, by contacting the local customs office of reference, if necessary.
6. SHIPPING AND DELIVERY
The Products ordered will be delivered to the address indicated by the Customer in the purchase order, by courier or postal package.
The ordered products, if in stock at the time of order, are shipped within 7 (seven) working days from receipt of the purchase order; Products not in stock at the time of order and customised Products are shipped within 20 working days from the time of order. Any variations, with respect to the shipping times above, will always be specified before the Customer confirms the order.
Shipments are made via courier. You can track the shipment by accessing the website of courier and entering the number of the waybill, which is communicated by the Seller via e-mail at the time of shipment. The cost of shipping includes Online Tracking service (the Customer will receive an e-mail from courier showing the link for online tracking and all shipping data). In this way it is possible to immediately verify the correctness of the data and to communicate any errors or variations.
It is recommended to provide a valid address and contact name in order to give the courier the opportunity to find the recipient on the day scheduled for delivery. Changes to the delivery address are not possible after sending the order. It is essential that at the address provided a person is always present to pick up the package as the courier could pass at any time of day, between 8:00 am and 6:00 pm, Monday to Friday (except holidays). If the delivery address communicated to the Seller during the order procedure was wrong or different from the expected one, or if the Customer cannot ensure that a person be present on the spot in order to receive the package at the scheduled date and time if delivery, the Seller kindly asks the Customer to contact the courier Customer Service to make the necessary arrangements in order reschedule a more convenient delivery time.
We remind the Customer that after the third unsuccessful delivery attempt, the goods will be placed in storage for a maximum of three working days, within which the Customer can go to the appropriate courier branch and collect the package personally at no extra cost. At the end of the three days the goods will be returned to the seller and the customer can choose between (a) a new shipment, upon payment of a new shipping fee in advance, or (b) the reimbursement of the price of the Products, minus the shipping costs.
All complaints due to the work of the courier must be submitted to the courier.
In case of failure to receive the waybill or for all questions concerning the shipment, please contact the Seller at: andrea@my-collection.store.
The indicative timings applied by courier for the delivery of the goods, starting from the moment of shipment, are the following:
for deliveries to ITALY: 1-3 days
for deliveries to EUROPE: 3-5 days
for deliveries to the US and to the REST OF THE WORLD: 5-9 days.
The Seller reports these times merely as an indication and declines any responsibility regarding the respect of the same by courier.
The Customer is aware that deliveries across the border may be subject to the opening and inspection of the products by the customs authorities and that it is therefore his/her responsibility to collect all necessary information about this, by contacting the local customs office of reference, if necessary.
7. CHECKING THE PRODUCTS UPON DELIVERY
Without prejudice to the option for the Customer to ensure the products through an appropriate optional command when entering shipping and billing data, it is the responsibility of the Customer, at the time of delivery of the products, to verify that the package is intact, that it is complete with all the contents and that it is not wet, damp or otherwise damaged.
In the event of damage, absence of items, anomalies, disputes or other problems, it is necessary to write down such circumstances on the transport document or invoice, and have said notes countersigned by the person in charge of the delivery. It is also necessary to indicate which and how many articles present problems.
In order to allow the Seller to activate all the necessary insurance procedures and any indemnity against the carrier, it is also necessary, after having filled in and indicated the above, to immediately inform the Seller of the event via e-mail atandrea@my-collection.storewithin 7 (seven) days of delivery of the Products. It is also necessary, after having filled in and indicated the foregoing, to immediately notify the courier of the incident by registered mail with return receipt within 7(seven) days of delivery of the Products, informing the courier of the damages suffered. The address of the courier is indicated on the delivery note.
8. LIABILITY AND LIMITS TO LIABILITY
When the Customer, or a third party designated by him/her and different from the carrier, enters material possession of the Products, the risk of loss or damage of the Products is transferred to the Customer, where the loss or damage occurs due to causes not attributable to the Seller.
The Seller is not in any case responsible for any disservice, delays, omission in deliveries due to force majeure or accidental causes. It is understood that, except in cases of wilful misconduct or gross negligence, the Seller is liable only for direct and foreseeable damages at the time of the conclusion of the contract of sale, being not responsible for any losses suffered, loss of earnings or any other damage that is not an immediate and direct consequence of the fulfilment of the purchase or that was not foreseeable at the time of the conclusion of the contract of sale.
With regard to any damage caused by defective products, the provisions of the Consumer Code and subsequent amendments and additions are applicable.
The Seller is not responsible for any use contrary to the law by third parties of the site my-collection.store and its content.
9. RIGHT OF WITHDRAWAL AND MODALITIES FOR YOUR EXERCISE
The Customer may rethink his/her purchase and return the Products within 14 days from the date of delivery. The right of withdrawal is excluded if the purchased products have been customized or have been tailor-made at the express request of the Customer at the time of the placement of the order. If the Customer returns the item, he/she will be entitled to receive a full refund of the price of the Products, minus the shipping costs, provided that the products are complete in all parts, in the original package and undamaged.
To exercise the right of withdrawal, the Customer must inform the Seller of his/her decision explicitly and in writing via e-mail at
andrea@my-collection.store, stating "Return" as the object, within the aforementioned deadline of 14 days. The Customer will receive a confirmation of withdrawal by e-mail, which must be retained.
In addition to applying the safeguards required by law on the right of withdrawal by the customer, the Seller, at his own expense, provides a free service for the collection of returned Products.
The cost of returns will therefore be borne by the Seller, provided that the shipping instructions, indicated in the e-mail which confirms the withdrawal, are respected; any greater expense will be charged to the Customer. Once the return has been approved, the Seller will organize the collection of the Product at the address indicated by the Customer. The Seller will issue a refund using the same payment method selected at the time of purchase, within 14 days after reception of the returned Product, informing the Customer of the refund. The Product must be sent from the same Country in which it was delivered.
In case of partial deterioration of the Product, the Customer will be liable for the decrease in the value of the Product if resulting from its handling, other than that necessary to establish the nature and characteristics of the Product.
For more information, contact us via email
10. CUSTOMER SERVICE AND WARRANTY
The Seller guarantees Customer assistance before and after sale.
In case of a defect of the Product, the Seller will replace or repair the Products, at the Customer’s choice.
Should replacement or repair prove impossible or excessively burdensome for the Seller, the latter reserves the right to offer the Customer an alternative solution.
Slight differences between the representation of the Products in the product sheets and the Products themselves (i.e. colour shades, slight variation in size) do not constitute conformity defects.
The Customer can request assistance via e-mail atandrea@my-collection.store.
12. PRIVACY
In compliance with the provisions of the
Legislative Decree n. 196/2003 (the Italian “Privacy Code”) and the EU Directive 679/2016 (“GDPR”) we inform the Customer of the following:
– the term “personal data” shall mean the
Customer’s name and surname, the address of residence or that for delivery of the Products, phone number, email address, credit card information (should this be the method of payment chosen for the purchase of the Products) and similar information;
– the provision of Personal Data marked with
an asterisk (*) in the online forms is mandatory and necessary for purposes related to the contractual obligations to the person concerned, as well as for legal and tax obligations, accounting, invoicing, and credit management.
For this reason, missing, partial or incorrect entry of such data make it impossible to obtain the service as requested; the provision of data not marked with an asterisk is optional and their missing or partial entry has no consequences;
– Personal Data provided will not be used without the explicit consent of the Client at the time of online purchase, for the sending of informational, educational and promotional documentation about the Seller’s services and products; the explicit consent as described above is not necessary for the finalisation of the purchase order;
–data are processed by ANDREA MERLO with software designed to manage and store data and, at the same time, to guarantee the security and confidentiality of data and communications.
The Customer, in relation to the processing of personal data and in accordance with Article 7 of the aforementioned Legislative Decree n.196/2003 may, if interested:
– obtain confirmation of the existence of personal data concerning him/her and their communication in clear and understandable form;
– obtain an indication of personal data, purposes and methods of their processing, the logic applied to the computerized processing, the identity of the owner and managers, the persons or classes of persons to whom the data may be communicated or who may become aware of them;
– obtain:
a) update, rectification or, when interested, integration of data;
b) cancellation, anonymising or blocking of data which were processed unlawfully, including data the retention of which is unnecessary for the purposes for which such data were collected or were subsequently processed;
c) a document certifying that the operations described in points a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except when this requirement proves impossible or involves a procedure that would be manifestly disproportionate to the extent of the right to protect.
– That the person concerned has the right to object, in whole or in part:
a) for legitimate reasons, the processing of personal data, for collection purposes;
b) to the processing of personal data for
the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
Personal data may also be communicated or disclosed:
– when required by law;
– to companies, organizations, businesses, professionals or consortia that provide data processing services or activities supporting or complementary to the activities performed by ANDREA MERLO, and to persons to whom the communication of personal data is necessary or otherwise helpful to the management of relations between Customer and Seller;
– to banking institutions, for the management of receipts and payments regarding the contract or the contractual relationships.
The owner of the data, processed as described above, is ANDREA MERLO.
13. TECHNICAL INFORMATION AND CHANGES
The Seller reserves the right to modify the technical information relating to the Products (i.e. dimensions, characteristics, colours, shapes, weight, composition) and their price, without prior notice, on the website my-collection.store, as well as to propose additional methods of payment, different from those indicated in art. 3 of these General Terms and Conditions of Sale.
The Seller also reserves the right to change, adapt, supplement and modify these General Terms and Conditions of Sale also in relation to any regulatory changes. In any case, the new General Terms and Conditions of Sale will be effective from the date of publication on the website my-collection.store.
14. APPLICABLE LAW
These General Terms and Conditions of Sale and the contracts stipulated through the website my-collection.store are governed under the Italian laws.
15. JURISDICTION IN THE EVENT OF DISPUTE
In case of disputes relating to purchase contracts stipulated through the site my-collection.store, the judge of the place of residence or domicile of the Customer will be competent, if the place of residence is in Italy and the Customer is a natural person who acts on the site my-collection.store for purposes unrelated to business, commercial, craft or professional activities.
In all other cases, the competent court to decide on any controversy that should arise with reference to the purchase contracts stipulated through the website my-collection.store will
be exclusively the Court of Milan, pursuant to art. 28 c.p.c. (the Italian Code of Civil Procedure).