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Premise
These General Terms and Conditions of Sale (hereinafter referred to as the “General Terms”) govern the purchase of products and services available remotely through the website michelangelocollezioni.it (hereinafter referred to as the “Site”). These purchases are made in accordance with Italian law, particularly Legislative Decree 206/2005 and subsequent amendments, which constitute the Consumer Code.
This document is divided into two sections: the first concerns the General Terms applicable to final consumers, while the second refers to the General Terms for B2B resellers. However, it is important to note that, despite this division, some conditions apply indiscriminately to both parties.
General terms and conditions of sale for consumers
1. Subject
The Site is intended for the remote sale, through telematic tools organized by the Company, of clothing and accessories made of genuine leather under the MICHELANGELO S.R.L.S brand (hereinafter, for brevity, the “Product/Products”).
2. Conclusion of the contract
2.1 Purchase order
To place an order, the User must select the desired Products on the Site and follow the instructions to complete the purchase. During the selection process, the User will be informed about the total price, including shipping costs and taxes, the characteristics of the Products, and the payment methods. It is the User's responsibility to provide correct and updated information. Before confirming the Order, the User will be able to review and modify the entered data. The Order will be completed only after accepting the General Terms and Conditions of Sale and the Privacy Policy, and it will entail the obligation to pay the total amount indicated.
2.2 Order confirmation
The purchase contract is considered valid only when the User receives the order confirmation. This confirmation includes a summary of the applicable conditions, product characteristics, price, payment method, delivery location and costs, and any additional charges. A copy of the General Terms will be sent via a link in the Order Confirmation, allowing the User to save or print it. The contract is valid only if the User receives the Order Confirmation.
3. Product delivery
3.1 Delivery
Upon Order Confirmation, the company commits to delivering the goods to the address provided by the User within the timeframes established by the shipping service selected during the online sale. The delivery of the purchased Products will be considered completed upon receipt by the User at the shipping address specified in the Order. Please note that shipping costs are the responsibility of the User and will be separately indicated during the checkout process.
3.2 Inability to deliver
If delivery cannot take place due to the User’s absence, the courier will leave a notice with information on where the package is located and how to collect it. The contract will be considered terminated if delivery does not occur due to reasons not attributable to the company within 30 days of the Order's availability. In such a case, the company will refund the amount paid, including delivery costs, within 14 days from contract termination.
4. Product and service availability
All orders depend on product availability. If a product is unavailable, the company will inform the User via email and provide updates on when the product will be available again. In this case, the order will be canceled, and the contract will be terminated. The company may also offer a substitute product of equal or greater value. If the User does not wish to accept the substitute, the amount paid will be refunded.
5. Refusal to process an order
The company reserves the right to remove any Product from the Site at any time and/or delete and/or modify any material or content thereof. The company disclaims any liability to the User or third parties for the removal of any Product from the Site or for the deletion or modification of any material or content on the Site.
6. Transfer of risk
The risks related to the Products pass to the User upon their delivery.
7. Size Exchange
It is possible to exchange an item only for a different size, a different color of the same item (if available), or a different model (the latter case only if authorized by the company). The Customer must send a communication and the size exchange form within 3 days from the date of receipt of the Products via email. Once the communication has been received, Customer Service will open a case for the exchange and provide the Customer with instructions on how to return the Products.
The exchange is subject to the following conditions:
- To ensure a successful exchange, the returned item must be completely intact in its original packaging, entirely undamaged, and sent to the email address info@michelangelocollezioni.it or via WhatsApp at +39 3791826670
- The Products must be returned in the same box in which they were received, including the warranty seal, which must not be removed or damaged.
- For customers who have not used discounts, the first size exchange is free of charge.
- Size exchange is not available for custom-made or clearly personalized items.
For all other cases, the exchange has a cost of €10, VAT included (payment methods are listed on the website). NB: All returned items are inspected to ensure they meet all the parameters indicated in the return policy terms and conditions. Therefore, if the returned items are found to be damaged and/or do not comply with the return policy conditions, we will return the purchased Products to the Customer, charging them for shipping costs.
The first size change is free in Italy. Abroad, the following costs apply:
- Asia: €60
- Europe: €24
- Europe (not EU): €48
- North America: €60
8. Returns and Refunds
Pursuant to Article 52 of Legislative Decree 206/2005, known as the Consumer Code, as amended by Legislative Decree 21/2014, Users have the right to withdraw from the contract without having to specify the reason. This right may be exercised within 14 days from the actual receipt of the purchased products or, in the case of an order of multiple products, from the actual receipt of the last purchased item. The withdrawal can be carried out through the online procedure or by filling out the return form.
Online return procedure:
a. Access the dedicated section of your account.
b. Select the order from which you wish to return an item.
c. Select the product(s) you wish to return by checking the box next to the product name(s).
d. Add the quantity to be returned (if you need to return more than one product).
e. Request the return.
To comply with the above deadline, it is sufficient for the User to send the communication regarding the exercise of the right of withdrawal, using the methods indicated above, before the withdrawal period expires.
In accordance with Article 59.1, letter c) of the Consumer Code, the right of withdrawal is excluded for the supply of goods that are custom-made or clearly personalized. According to Article 59.1, letter e) of the Consumer Code, the right of withdrawal cannot be exercised, for hygiene or health protection reasons, on the company's products if the sealed packaging has been opened after delivery.
In case of exercise of the right of withdrawal, the expenses incurred by the User for the return of the goods will be borne by the Customer, at a cost of € 14.00 for articles of the categories clothing/ luggage and € 10.00 for accessories category.
By exercising the right of withdrawal, the company undertakes to refund the amount received by the User, excluding shipping costs and delivery/collection costs, within fourteen (14) days from the moment it is informed of the decision of the User to withdraw from the contract. These refunds are made by the same means of payment used by the User for the initial transaction, unless the User expressly indicates an alternative method.
If you paid in cash on delivery, during the online return procedure, you can choose between a credit card or a bank transfer as the refund method. If you opt for a bank transfer, you must provide your banking details (full account holder's name, IBAN, and BIC). If you paid with Scalapay, the first installment will be refunded, and the subsequent installments will be canceled.
The company reserves the right to suspend the refund of the amount paid by the User until the date of receipt of the goods from the User or until the User has provided proof of having returned the goods to the company, whichever comes first.
In the event of exercising the right of withdrawal, the costs incurred by the User for returning the goods will be borne by the Customer. It is understood between the parties that the goods must be returned by the User in substantially intact condition, sealed, without undue delay, and in any case within fourteen (14) days from the date the User notified the company of the withdrawal, to its registered office, as better specified in Article 1 above. The deadline is met if the User returns the goods before the expiration of the fourteen (14) day period. The substantial integrity of the products is an essential condition for exercising the right of withdrawal. We therefore invite you to take care of the products while they are in your possession. Please return the item using or including the original packaging, instructions, and any other accompanying documents. In any case, the product to be returned must be accompanied by the delivery note received upon delivery of the product. The return shipping label will be sent via email once the return is accepted. It is necessary to print the label and attach it to the package before handing it over to the courier.
Where to send the returned goods:
Michelangelo S.R.L.S
Via Cioppo San Vito, 52
83029 Solofra (AV) Italy
Tel: +39 08251831260
Cell: +39 3791826670
Email: info@michelangelocollezioni.it
NB: All returned items are inspected to ensure they meet all the parameters indicated in the return policy terms and conditions. Therefore, if the returned items are found to be damaged and/or do not comply with the return policy conditions, we will return the purchased products to the Customer, charging them for shipping costs.
The right of withdrawal can only be exercised for contracts concluded remotely or negotiated outside commercial premises (Article 52 of the Consumer Code); therefore, it cannot be exercised for purchases made in-store.
9. Warranty
According to the legal warranty provided by the Consumer Code, if within two years from delivery the purchased product presents a lack of conformity (for example, it is not suitable for use, does not correspond to the description, or lacks quality), the User must report it within two months of discovery. If the complaint is justified, the User has the right to a free replacement of the product unless this is too burdensome. Alternatively, they may request a price reduction or contract termination.
10. Price and Payment
The price to be paid to the company will be the one indicated from time to time on the Website, in relation to the selected Products and their characteristics, as well as any other applicable taxes that will be specified to the User at the time of purchase.
Please note that shipping costs are the responsibility of the User and will be separately indicated during the checkout process.
The payment methods provided are credit card, bank transfer, Google Pay, Apple Pay, PayPal, PayPal Pay Later (available in France, UK, US, Spain, Italy), Bancontact (available in Belgium), EPS (available in Austria), Giropay (available in Germany), iDEAL (available in the Netherlands), MyBank, Przelewy24 (available in Poland) and BLIK (available in Poland).
Payments are secure, via a secure bank server with SSL encryption. With PayPal, the customer will be redirected to the site to complete the payment. With bank transfer, payment must be made within 5 days; otherwise, the order will be cancelled.
11. Service Modifications
The company reserves the right to modify the General Terms of Sale at any time, communicating the changes on the Website or via email to the User, with at least 30 days' notice from the date of communication. The modifications will always respect the minimum consumer rights according to the applicable law. The applicable General Terms are those in force at the time of order confirmation, as indicated in the confirmation email link.
12. Limitation of Liability
The User is responsible for the purchase made and must carefully read the instructions for use of the Products, using them according to the guidelines. The company assumes no liability for improper use of the Products. Within legal limits, the company is not responsible for damages resulting from malfunctions of the User's or third parties' equipment. Furthermore, it is not liable for any service interruptions on the Website caused by events beyond its control, such as fires, natural disasters, power outages, or connection issues.
13. Service Suspensions
The company reserves the right to temporarily suspend the provision of the Product sales service without prior notice, for the time strictly necessary to carry out the required and/or appropriate technical interventions to improve its quality (hereinafter referred to as the "Service"). The company may interrupt the provision of such Service at any time if justified security reasons or confidentiality violations arise, in which case it will notify Users.
14. Applicable Law and Jurisdiction
These General Terms are governed by Italian law. For any disputes related to these General Terms, pursuant to Article 66-bis of Legislative Decree 206/2005, the competent court is that of the User's residence or domicile, if located in Italy; in all other cases, the exclusive jurisdiction is that of the Court of Avellino, with any other competent court excluded.
15. Communications and Complaints
All communications required by these General Terms, including any complaints, must be sent without specific formalities and also via email to: - The Company, at the address and/or contact details indicated in paragraph 1 above; - The User, at the residence or domicile, fax, or email address provided at the time of Website registration or subsequently modified and communicated to the Website at the above address.
16. Privacy of Personal Data
The processing of users' personal data will be carried out in compliance with the provisions of Legislative Decree No. 196/2003 on the protection of personal data ("Privacy Code"), and subsequent amendments and integrations, as further specified in the privacy policy available in the relevant section of the website.
17. Force Majeure
The company shall not be liable for failures or delays caused by events beyond its control (Force Majeure Events). These include, but are not limited to: strikes, riots, wars, natural disasters, transportation difficulties, government restrictions, or issues with telecommunications networks. In case of Force Majeure, the execution of the contract will be suspended for the duration of the event, and the company will have an extension equal to the period of the interruption. The company will nevertheless strive to fulfill its contractual obligations despite such events.
18. Partial Invalidity
Should any article of these General Terms of Sale, or part thereof, be deemed invalid, unlawful, or unenforceable by the competent authority, such article, clause, or provision shall be considered as not included, while the other articles, clauses, and provisions shall remain valid to the maximum extent permitted by law.
19. Contract Integrity
These General Terms of Sale, as well as any document expressly referenced therein, constitute the entire agreement between the User and the company regarding the subject of the contract and replace any prior agreement, understanding, or arrangement between the same parties, whether oral or written. By signing the contract, the User and the company acknowledge that they have not relied on any representation, commitment, or promise made by the other party, or inferred from anything said or written during negotiations prior to the contract, but only on what is expressly stated in these General Terms of Sale.
20. Dispute Resolution
The company informs that any disputes concerning the application of the contract, such as validity, non-performance, or termination of the contract, may be resolved through an online procedure (ODR), accessible via the European Commission platform at http://ec.europa.eu/consumers/odr. However, disputes can still be resolved through the competent judicial authorities or other Alternative Dispute Resolution (ADR) procedures.
General Terms and Conditions of Sale for B2B Retailers
1. Purpose
The Website is intended for the remote sale, through telematic tools organized by the Company, of clothing and genuine leather accessories under the MICHELANGELO S.R.L.S brand (hereinafter, for brevity, the "Product/Products").
2. Order Acceptance
All orders placed by retailers are subject to approval by MICHELANGELO S.R.L.S. Once the order is confirmed, the sales contract comes into effect. The retailer is responsible for verifying the accuracy of the data provided during the purchase process. MICHELANGELO S.R.L.S assumes no responsibility for errors in the entered data.
3. Prices and Discounts
The prices indicated on the website are recommended retail prices. The final price for the retailer may vary based on the applied discount level and purchasing conditions. Retailers can access discounts based on purchase volume. The discount levels are as follows:
- Silver: 55% discount on the public price.
- Gold: Discount of 60% on the price to the public, for an order amount up to 1.200,00 euro.
- Platinum: 65% discount on the public price, for an order amount up to 1.600,00 euro.
The wholesale customer is automatically upgraded to the next level when the total amount of the order reaches the indicated value for each level.
4. Order and Delivery
4.1 Minimum Purchase Quantity
To benefit from wholesale discounts, retailers must meet a minimum purchase quantity per product. Details of these quantities can be found directly on our website in the retailer's reserved section.
4.2 Delivery Times
Fast delivery times are guaranteed for B2B orders. Standard shipping times are 2-3 working days. However, times may vary depending on product availability and shipping destination.
4.3 Shipping Costs
Shipping costs for B2B orders are calculated separately and depend on the destination and size of the order. Shipping costs will be communicated at the time of order confirmation.
5. Payment Terms
5.1 Payment Methods
Resellers may make payment by bank transfer, PayPal, credit card or by other indicated methods. Payment must be made prior to shipment, unless payment in instalments has been agreed upon. Payments are secure, via a secure bank server with SSL encryption. With PayPal, the customer will be redirected to the site to complete the payment. With bank transfer, payment must be made within 5 days; otherwise, the order will be cancelled.
5.2 Invoicing
The invoice is issued at the time of shipment and must be paid within 30 days from the invoice date, unless otherwise agreed. The retailer can request the invoice by selecting the appropriate checkbox during the order and entering the billing details, including tax code and/or VAT number. The invoice will be sent via email. It is the professional's responsibility to enter the data correctly; if the invoice is not requested at the time of order, it will not be possible to request it later.
6. Returns and Complaints
Returns are accepted only for defective products or those damaged during shipping. The retailer must inform MICHELANGELO S.R.L.S. within 5 business days of receiving the product to report any damage. Products must be returned in their original packaging and in perfect condition to be replaced or refunded. If the product is found to be defective, the retailer is entitled to a free replacement or a full refund, provided that the defect is reported promptly.
7. Product Promotion and Logo Usage
The retailer undertakes to promote MICHELANGELO S.R.L.S. products in a professional manner and in line with the brand image, respecting the branding and marketing policies provided by MICHELANGELO S.R.L.S. The retailer is not authorized to resell the products to third parties without the written consent of MICHELANGELO S.R.L.S. The sale of products must take place only in the agreed manner. The retailer may use the Michelangelo Collezioni logo only within the limits and for the purposes provided in the distribution agreement and to promote the products in their store or online channel.
8. Applicable Law and Jurisdiction
These general conditions are governed by Italian law. For any disputes related to these General Conditions, pursuant to Article 66-bis of Legislative Decree 206/2005, the competent court is that of the User’s place of residence or domicile if located within Italian territory; in all other cases, the exclusive jurisdiction is that of the Court of Avellino, excluding any other competent court.
9. Communications and Complaints
All communications required by these General Conditions, including any complaints, must be sent without particular formalities and also via e-mail to: - The Company, at the address and/or contacts indicated in paragraph 1 above; - The User, at the residence or domicile, fax, or e-mail address provided at the time of registration on the Site or subsequently modified and communicated to the Site at the address indicated above.
10. Personal Data Confidentiality
The processing of users' personal data will be carried out in compliance with the provisions of Legislative Decree No. 196/2003 on the protection of personal data ("Privacy Code"), and subsequent additions and modifications, as better specified in the privacy policy available in the appropriate section of the website.
11. Force Majeure
The company shall not be liable for failures or delays caused by events beyond its control (Force Majeure Events). These include, but are not limited to: strikes, riots, wars, natural disasters, transportation difficulties, government restrictions, or issues with telecommunications networks. In the event of Force Majeure, contract performance will be suspended for the duration of the event, and the company will be granted an extension equal to the period of the interruption. However, the company will strive to fulfill contractual obligations despite such events.
12. Partial Invalidity
If any provision of these General Terms of Sale, or any part thereof, is deemed invalid, unlawful, or unenforceable by the competent authority, such provision, clause, or disposition shall be considered as not affixed, while the other provisions, clauses, and dispositions shall remain valid to the maximum extent permitted by law.
13. Contract Integrity
These General Terms of Sale, as well as any document expressly referred to therein, constitute the entire agreement between the retailer and the company regarding the subject of the contract and supersede any prior agreement, understanding, or arrangement between the same parties, whether oral or written. By signing the contract, the retailer and the company acknowledge that they have not relied on any representation, commitment, or promise made by the other party, or derived from anything said or written during the negotiations preceding the contract, but solely on what is expressly stated in these General Terms of Sale.
14. Dispute Resolution
The company informs that any disputes relating to the application of the contract, such as validity, non-performance, or termination of the contract, may be resolved through an online dispute resolution (ODR) procedure, accessible on the European Commission platform at the link http://ec.europa.eu/consumers/odr. It is still possible to resolve disputes through the competent judicial authorities or other Alternative Dispute Resolution (ADR) procedures.