GENERAL CONDITIONS OF SALE

Applied to the purchase of products on the e-commerce store

Art. 1 – Seller information and general provisions

1.1 These General Terms and Conditions of Sale apply to the purchase of products, consisting of children’s toys and, in particular, books made of felt (hereinafter “the Products”) and other products, made available, via the Internet, on the site accessible at the url: www.meqbem.com (hereinafter the “Site”) in accordance with the provisions – for the subjects to which they refer – of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company name: Mycormoran S.r.l.s.
Registered office: via Mentana no. 1, 22100 Como
Operational headquarters: via Mentana no. 1, 22100 Como
Pec address: mycormoran@pec.buffetti.it
VAT number: 03823300136
Business Register No.: CO – 334801

1.2 The General Terms and Conditions of Sale apply to all transactions concluded through the Site between the Seller and the Buyer without the need for an express reference to them or a specific agreement to that effect at the conclusion of each individual contract. Any different conditions or terms shall apply only when confirmed in writing by the Seller.

1.3 The General Conditions of Sale must be supplemented with the provisions of the Italian Civil Code and Legislative Decree no. 206/2005 (Consumer Code) where applicable.To this end, the Seller reserves the right to modify, supplement or vary the General Conditions of Sale without prior notice. The General Terms and Conditions of Sale are drafted in Italian and in any additional languages available on the Site. In case of doubts of interpretation, the Italian version will always prevail.

1.4 The user browsing in this area accesses the e-commerce site accessible through the url: www.meqbem.com/negozio (henceforth referred to as the “E-Commerce Store”). Browsing and placing a Purchase Order on the Site implies acceptance of the Terms and Conditions and Data Protection Policies adopted by the Site.

1.5 You are obliged, before accessing the Products provided in the ‘Shop’ section, to carefully read these General Terms and Conditions of Sale – also in compliance with the provisions of Art. 12 co. 3, d.lgs. n. 70/2003 – which are generally and unequivocally understood to be accepted at the time of purchase.

1.6 You are encouraged to download and print a copy of these Terms and Conditions, the terms of which the E-Commerce Store reserves the right to change unilaterally and without notice. Any changes made will take effect from the date of publication on www.meqbem.com.

Article 2 – Definitions.

2.1. “General Terms and Conditions of Sale”: these are the general terms and conditions that apply to all purchases of products made through the E-Commerce Store.

2.2 “Online Sales Contract” or “Contract”: is the contract of purchase and sale relating to individual goods entered into between the user and the Seller under this distance selling system by means of telematic tools.

2.3 “Buyer”: is the natural person who enters into the Online Sales Contract i.e. the user who makes the purchase of the Products.

2.4 “Consumer” means within the meaning of Art. 3 Legislative Decree 206/2005, is the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.

2.5 “Seller” and “E-Commerce Store” is the entity that owns the website, available at the URL www.meqbem.com through which the Products are displayed and made available to interested consumers and professionals.

2.6 “Third Parties”: are all those parties that provide ancillary services to those of the sale of the Products, by way of example only, carriers (GLS, Bartolini etc.), providers of systems for online commerce (e.g. Shopify), providers of online payment services (Paypal, Stripe, MasterCard, Visa) or the sale of products by parties other than the seller that are present on the same site through links, banners or other hyperlinks.

2.7 “Products”: are all the products in the ‘Shop’ section of the E-Commerce Store.

2.8 “User” means the individuals who access the Site.

Art. 3 – Purpose

3.1 These Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for Products on the E-Commerce Store.

Article 4 – Conclusion of the contract

4.1 Buyer may purchase Products on the E-Commerce Store by complying with the technical access procedures outlined therein. To conclude the purchase contract (so-called Order), you will need to:
– choose a Product from those available in the ‘Shop’ section and click on ‘Add to Cart’;
– once you have added the Product to your cart, click on ‘View Cart’ and then on ‘Proceed to Payment’;
– fill in all the details about the shipping address-and possibly the ‘Additional Information’-and choose an alternative payment method between Paypal and Credit Card;
– Finally, click on ‘Place Order’.
The above procedure is actualized as of 05/21/2024 and is merely an example. The Buyer acknowledges that the procedure may change, but the intuitiveness of the purchasing process remains the same.

4.2 Each Order submitted by Buyer implies acceptance of the General Terms and Conditions of Sale and Privacy Policy and constitutes an offer to purchase the Products offered on the E-Commerce Store. It contains a reference to the General Terms and Conditions of Sale, images of each Product and its price, the means of payment that can be used, the method of delivery of the Products purchased and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the manner and timeframe for returning the Products purchased.

4.3 The Order sent by the Buyer has the value of a contractual proposal and implies full knowledge and acceptance of these General Conditions herein. Each Purchase Agreement entered into between Buyer and Seller shall be deemed to have been concluded upon acceptance of the Order by Seller, which is reserved the right – at its sole discretion – to reject the Order by giving notice to Buyer within 10 days.

4.4 The Buyer will be obligated to pay the price from the moment the online Order submission process is completed. This will be done by clicking on the “Proceed to Payment” button at the end of the wizard.

4.5 In addition to rejection, Mycormoran S.r.l.s. reserves the right to reject or cancel any Order placed for a Product listed at an incorrect price or for Orders whose total has been incorrectly calculated. If payment has already been made and the Order is cancelled, Mycormoran S.r.l.s. will pay the Buyer a refund.

Article 5 – Registration on the E-Commerce Store

5.1 In completing the registration procedures, the User undertakes to follow the directions on the Site and to provide his or her personal data correctly and truthfully.

5.2 Confirmation of the data provided will release the Seller from any inherent liability. The User undertakes to promptly inform the Seller of any changes in its data at any time communicated.

5.3 At the time of the User’s first request for activation of a profile, the Seller will assign the User a username – so-called ‘Username’ – and a password. The latter acknowledges that such identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that acts performed by means of such access will be attributed to him/her and will be binding on him/her.

5.4 If the User communicates inaccurate or incomplete data, the Seller shall have the right not to activate or to suspend the User’s profile until the relevant shortcomings are remedied.

5.5 The User undertakes to maintain the secrecy of his or her access data and to guard them with due care and diligence as well as not to transfer them even temporarily to third parties.

Article 6 – Availability of Products

6.1 The availability of the Products refers to the actual availability at the time the Buyer places the Order. However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of several Users, the actual availability of individual Products may vary significantly during the same day and the Products may be sold to other customers before the Order is confirmed.

6.2 Even after the Order confirmation e-mail is sent, there may be cases of partial or total unavailability of the goods. In this eventuality, the Order will be rectified automatically with the deletion of the unavailable Product and the Buyer will be notified by email.

6.3 If the Buyer requests cancellation of the Order, withdrawing from the contract, the Seller shall refund the amount paid within 30 days from the time the Seller became aware of the Buyer’s decision to withdraw from the contract.

Article 7 – Payment terms and prices

7.1 The price of the Products shall be as expressly stated from time to time on the Site, except where there is a manifest error.

7.2 In case of an error, the Seller will notify the Buyer as soon as possible, allowing confirmation of the Order at the correct amount or cancellation. In any event, there shall be no obligation on the Seller to supply what is sold at the lower price erroneously quoted.

7.3 Site prices include VAT and, except where indicated, do not include shipping charges. Prices are subject to change at any time. Variations will not affect orders for which confirmation has already been sent by the Buyer, except in the case of obvious error in the price indication.

7.4 Once the desired Products have been selected, they will be added to the shopping cart. It will be sufficient to follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed prior to payment.
7.5 Payment may be made by any of the methods indicated in the purchase procedure by the Seller. The payment systems are provided by Third Parties and, therefore, in this regard, the Seller cannot be held liable.
7.6 Any refunds will be made by the Seller using the same payment method chosen by the Buyer at the time of the Order.

Article 8 – Shipments and Deliveries

8.1 The Goods ordered by Buyer under the Contract will be delivered to the address specified by Buyer as the delivery address on the Order.

8.2 The Seller ships the Products throughout Italy, Germany, France and Spain.

8.3. Products are generally delivered within 2-5 business days.
Seller does not make any commitment or guarantee the certainty of immediate fulfillment of delivery of the Products purchased and indicated as available on the E-Commerce Store and therefore will not be liable in any event for any delays in delivery.

8.4 Shipping costs – the amount of which may vary depending on the method of delivery and payment, as well as the place of destination and the total amount of the Order – are explicitly highlighted at the time the Order is placed and may be charged to the Buyer or free of charge, depending on what is expressly indicated at the time the Order is placed.

8.5 Deliveries are entrusted to the carrier or carriers named in the appropriate section of the Order (hereinafter “the Carrier”). Specifically, a Carrier manager will make the delivery to the Buyer or recipient of the Order and require them to sign an electronic receipt (in the absence of a terminal, it may be paper). Such electronic (or paper) receipt will constitute proof of delivery by Seller and receipt by Buyer – or the recipient of the Order – of the Products ordered. Deliveries are made on working days (Monday through Friday). In case of absence, the Buyer-or the recipient of the Products ordered-will receive a notice of attempted delivery and the carrier will make a further delivery attempt. In the event that, after two delivery attempts, it has not been possible to deliver the package, the Buyer or the recipient of the Order will receive a notice stating the address at which the package will be held for the days communicated by the Carrier. The Buyer or the recipient of the Order may pick up the package at that center. Upon the expiration of such period, the package will be returned to Seller and Buyer will be refunded – in the manner chosen at Seller’s discretion – the amount of its Order, less shipping costs.

8.6 Upon delivery by the Carrier, the Buyer shall verify that: (a) the number of packages delivered corresponds to what is indicated in the transport document attached to the shipped goods; (b) the packaging is intact and unaltered including the closing tapes if any.

8.7 In the event that the delivered goods have any damage, allegedly caused by transportation, Buyer may refuse delivery and immediately notify Seller, who will make the appropriate disputes to the Carrier, arranging for a new shipment, upon receipt of the redelivery of the disputed goods. In the event that the Buyer nevertheless decides to accept the goods on delivery, despite the packaging is severely damaged and / or tampered with, in order to safeguard their rights must challenge the carrier the unsuitability of the package, putting the words “RESERVE TO CHECK GOODS BECAUSE OF …” (indicating the reason behind the reserve in question) on the delivery document, of which it must retain a copy. Buyer, in any event, agrees to report promptly and in any event no later than 8 (eight) days from the date of delivery to Seller, by electronic communication to be sent to the address, any and all problems inherent in the physical integrity, correspondence or completeness of the Products received.

Art. 9 – Passing of risk

9.1 Risks relating to the Products shall pass to the Buyer from the time of delivery of the Products by the Carrier. Ownership of the Products shall be deemed to have been acquired by Buyer upon receipt of full payment of all amounts due in respect thereof, including shipping charges, or upon delivery, if such delivery occurs at a later date.

Article 10 – Warranty and commercial compliance

10.1 The Seller is responsible for any defect in the Products offered on the E-Commerce Store, including non-conformity of the items to the Products ordered, pursuant to the provisions of Italian law.

10.2 If the Purchaser, pursuant to Articles 130 and 132 LD. 206/2005, entered into the contract as a Consumer this warranty is valid, provided that the defect in the Product manifests itself within 24 months from the date of delivery of the Products; that the Buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date the defect was acknowledged by the Buyer; and that the online return form is properly completed. In the absence of the cumulative presence of these conditions, the Buyer forfeits the benefits recognized by Leg. 206/2005.

10.3 In case of non-conformity, the Buyer who has entered into the contract as a Consumer shall have the right to obtain the restoration of the conformity of the Products without cost, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract, with respect to the disputed goods and the consequent refund of the price.

10.4 All descriptions provided on the E-Commerce Store by Seller, as to the operation of the Products, are indicative only and do not constitute a warranty to Buyer. Buyer indemnifies Seller from any and all liability for personal, work or other injuries resulting from the use of any Products sold and Seller shall, in no event, be held liable for special, incidental or consequential damages, including but not limited to damages or loss of property or claims of Buyer that may arise and/or result from the sale, installation or use of these Products.

10.5 All return costs for defective Products will be borne by the Seller.

Art. 11 – Withdrawal

11.1 Pursuant to Art. 52 of the Consumer Code (Legislative Decree 206/2005) and subject to the exclusions set forth in Art. 59 of the same Code, the consumer Buyer has the right to withdraw without penalty, without specifying the reason and without incurring costs other than those provided for in Art. 7 of these Conditions, within the period of 14 (fourteen) days from the day on which Buyer or a third party, other than the carrier and designated by Buyer, acquires physical possession of the package containing the goods ordered or, in the case of the purchase of multiple goods ordered by Buyer in a single Order and delivered separately, from the acquisition of physical possession of the last good.

11.2 In the case of contracts for the periodic delivery of goods during a certain period of time, the right of withdrawal must be exercised within 14 (fourteen) days from the day on which the consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the first good – art. 52, co. 2, lett. b) point 3 of D.LGS. 206/2005.

11.3 The right of withdrawal is excluded with respect to the cases referred to in Art. 59 of the Consumer Code and, in particular, with reference to the purchase of out-of-catalogue goods, expressly ordered from the Seller at the request of the Buyer, clearly personalized Products, Products registered, registered or dated at the time of sale or to the supply of sealed goods that are not suitable for return for hygienic and health protection-related reasons and that have been opened after delivery.

11.4 To exercise the right of withdrawal, the Consumer Buyer must inform Mycormoran S.r.l.s. – via Mentana no. 1, 22100 Como (CO), e-mail pec: mycormoran@pec.buffetti.it peo: info@meqbem.com – of its decision to withdraw from the contract by an explicit statement (e.g., letter sent by mail or e-mail). For this purpose, it may use the model withdrawal form provided in Annex I Part B to Legislative Decree. 21-2-2014 n. 21, with the following content:
Recipient: _________________, via ________________ no. __, __cap__ _______________ (__), e-mail pec: _____________________________ peo: _________________________________
I, the undersigned __________ hereby give notice of withdrawal from the purchase contract for the following goods: [inserire una descrizione dei prodotti acquistati], ordered on _________ (or received on __________)
First Name, Last Name, Address of Consumer Buyer(s).
Buyer’s signature (only if the form is served in paper version)
Date

11.5 In order to comply with the withdrawal time limit set forth in Art. 11.1 of these Conditions, it is sufficient that the consumer Buyer sends the notice regarding the exercise of the right of withdrawal before the expiration of the period itself – Art. 54, co. 2 D.LGS. 206/2005.

11.6 In the case of withdrawal, exercised in accordance with Art. 11.1 and following, the Consumer Purchaser may return the Products ordered by sending them by courier of its choice to the address: Via Giorgio Giulini, 10, 22100 Como CO, without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the contract – art. 57, co. 1 D.LGS. 206/2005.

11.7 The aforementioned period shall be deemed to be met if the consumer Buyer returns the goods before the expiration of the period of 14 (fourteen) days from the date on which he notified the Seller of his decision to withdraw from the contract.

11.8 If the Consumer Buyer withdraws from this contract, he/she shall be refunded all payments made to the Seller, including shipping costs (except for the additional costs resulting from the Buyer’s choice of a mode of delivery other than the least expensive means of shipping offered by the Seller pursuant to Article 56 co.2 of the aforementioned Law), without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller was informed of the decision to withdraw from this contract. Said refunds will be made using the same means of payment used by the Buyer for the initial transaction. In any case, the Buyer shall not incur any costs as a consequence of such a refund.

11.9 This is without prejudice to the Seller’s right to withhold any sum until it has received the goods or until the Buyer has proved that it has returned the goods, whichever situation occurs first – Art. 56 D.LGS. 206/2005

11.10 It remains the responsibility of the consumer Buyer to bear the direct cost of returning the goods, i.e. the shipping costs and any other related expenses as provided for under Art. 57 Legislative Decree. 206/2005.

11.11 The Products must be returned to Seller in their substantial integrity, with their original packaging, accessories, instructions for use, and anything else supplied with them.

11.12 The consumer Buyer is liable for the decrease in the value of goods resulting from the use of goods other than what is necessary to establish the nature, characteristics and operation of the goods – Art.57, co.2 D.LGS. 206/2005.

11.13 The Seller accepts only properly addressed parcels or registered mail and will not – under any circumstances – accept parcels with postage paid.

11.14 Any risk associated with the return of the Products shall be borne solely by the consumer Buyer.

11.15 The provisions of this article are reserved for subjects identified as consumers under Legislative Decree 206/2005 to the exclusion of all other subjects.

Article 12 – Data Processing.

12.1 Buyer’s data are processed in accordance with the provisions of the

personal data protection regulations, as specified in the appropriate section containing the information pursuant to Art. 13 EU Regulation 2016/679 (Privacy Policy).

Article 13 – Safeguard Clause.

13.1 In the event that any of the provisions of these General Terms and Conditions of Sale should be void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions appearing in these General Terms and Conditions of Sale.

Art. 14 – Contacts

14.1 Any requests for information may be sent by e-mail to the following address info@meqbem.com by phone or whatsapp to the following telephone number: +393270217793, and by mail to the following address: Via Giorgio Giulini, 10, 22100 Como CO.

Article 15 – Applicable law and place of jurisdiction

15.1 These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser’s country of habitual residence. Accordingly, the interpretation, execution, and termination of the General Terms and Conditions are subject exclusively to Italian law.

15.2 Any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian judicial authority. In particular, if the Buyer qualifies as a Consumer, any disputes shall be resolved by the court of the Buyer’s place of domicile or residence in accordance with applicable law. If the Buyer does not qualify as a Consumer any disputes will be submitted to the jurisdiction of the Court of Milan.
These conditions were drafted on 05/21/2024.