Terms of service

Service terms for shopping in the portal

The Micheluzziglass portal is a web portal owned by Micheluzzi Glass di Margherita Micheluzzi, with registered office in: Dorsoduro 1071 - 30123 Venice, Italy, contact channel info@micheluzziglass.com.

 

Introduction

Through the website you will get a contract for the purchase of goods at a distance by you (hereinafter referred to as the "Client") and the seller Micheluzzi Glass, (hereinafter referred to as the "Seller") using the Internet technologies made available by the Seller at the address https://www.micheluzziglass.com.

These general conditions might be supplemented or amended, with effect for the future of course, at any time by Micheluzzi Glass, which shall give notice via the pages of the website.

All contracts will be concluded directly by means of access by the Client to the website corresponding to the address https://www.micheluzziglass.com, where they can, conclude the contract for the purchase of the desired good by carefully following the indications and procedures provided.

These general conditions of sale must be examined "online", before completing the purchase procedure. Submission of the order confirmation therefore implies full knowledge of them and their full acceptance.

The Client, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with Micheluzzi Glass, the general and payment conditions set out below, declaring that he has read and accepts all the information provided by him in accordance with the following rules, acknowledging also that Micheluzzi Glass does not consider itself bound by different conditions unless previously agreed in writing.

Any incorrect registrations can be rectified by logging into your profile.

Any errors the Client encounters when confirming the order must be reported before the order is shipped to the e-mail address info@micheluzziglass.com, but no later than 24 hours after confirmation.

Sales transactions are regulated for the consumer by the provisions of Italian Legislative Decree no. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of General Data Protection Regulation (Reg.ue 679/2016), as amended and supplemented.

The privacy policy is available at the bottom of the web site.

 

Account

You can create an account in order to shop on this website. You must be of legal age.

To create an account, you must accept the terms and conditions set out in this section.

The Client declares that he/she has read and accepts in its entirety the terms and conditions of sale and payment set out in the purchase process and in this contract; the Client also undertakes to read, print and keep the terms and conditions of sale set out in this section of the site.

It is expressly forbidden to enter false and/or fictitious personal data in the data collection forms required to complete the order.

It is expressly forbidden to make double registrations corresponding to one person or to enter data of third persons. Micheluzzi Glass reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

The seller reserves the right to take legal action against such actions and any other fraudulent actions against itself and/or other clients.

The creation of an account is not necessary in order proceed with purchases; the client can provide the information requested for the stipulation of the contract of sale, shipment, and payment through the platform on a spot basis.

This is subject to the seller's prohibition against providing false data.

Sales prices and conditions of purchase

Taxes

All sales prices of products displayed in the e-Commerce and sold in Europe are inclusive of VAT; however, taxes (VAT) might be charged on products sold within EU countries.

In further detail, the following rules apply to the client:
- prices for purchases within the European Economic Area are displayed inclusive of VAT;
- prices for purchases outside the European Economic Area are to be considered extra VAT, and the client will be charged the relevant import charges, which cannot be default calculated by the platform.

Finally, please note that all our products are fine art certified, and the import fees will have to be calculated in respect of art objects.

The client is invited, in case of any doubts, to contact Micheluzzi by e-mail before proceeding with the purchase to get an estimate of the import charge.

The shipping cost is stated on the portal.

The customer is fully responsible for any customs and import duties, taxes or other charges levied by the country of destination. The Seller does not accept any responsibility: all costs incurred by shipments that are refused on arrival or cannot be delivered due to unpaid customs/import duties or other fees are the responsibility of the Customer, including taxes, returns and/or second shipments.

Prices

The purchase price of the Products shall be that indicated to the Client by the Seller via the Website and listed in the Customer's online shopping bag.

Please note that the prices in the e-commerce area might vary at any time without any obligation on the part of the seller to give prior notice; in any event, once the product order has been placed, it will not be subject to any price variation. Transport costs are calculated at the time the order is placed and are shown in the shopping basket, as are any other collection costs. Once the order has been completed, the Client will receive a confirmation of the order itself by e-mail, containing the details of the recipient, the delivery addresses, any comments, prices and purchase costs. The client is obliged to check the accuracy of the order and to notify any changes immediately.

Payment and finalisation of purchase

Micheluzzi Glass accepts payments via Credit and Debit Card via Stripe, Pay Pal, SumUp.

This payment method allows the user to provide their sensitive data directly to the Bank or payment provider, and not to the virtual shop or service provider that manages it. In the case of payment by credit card, the holder's fixed home telephone number is requested when placing the order.

Please contact us at info@micheluzziglass.com if you wish to pay with a different method or if you do not receive a confirmation e-mail following the placement of your order online with the above payment methods.

The purchase will only be finalised when the payment is successful and entered into the seller's account.

Alternative payment methods to those indicated, must be previously agreed upon with the seller.

Products availability

The Client might purchase the products under the conditions indicated in the electronic catalogue produced by the seller and in the quantities in stock or available from the seller's Sellers.

Micheluzzi Glass does not guarantee the continued availability of the products under the conditions offered, committing itself, in the event of unavailability and payment of the goods, to inform the Client immediately and refund the price, without additional charges, within 30 days. Alternatively, we can give you an estimated time for the production of a similar product.

Unavoidable imperfections and images

Each product is unique and might vary slightly from the colours and dimensions shown in the image. The images of products published on the site and their information might not be exactly the same as the one you will receive.

The presence of small imperfections is part of the handmade process that makes each piece unique.

In addition, the actual colour of the product might slightly vary from the colour displayed on your monitor.

The above hypothesis will not be considered as a defect or incorrect item under the warranty listed below.

Making a claim

Without prejudice to the circumstances foreseen in the following article, defect claims or incorrect items must be communicated to the Seller (info@micheluzziglass.com, please include the order number) within 5 days of receipt of shipment.

Without prejudice to the circumstances foreseen in the following article, returns and /or exchanges for other reasons must be communicated to the Seller (info@micheluzziglass.com, please include order number) within 5 days of receipt of shipment.

The return must be pre-authorized by the Seller prior to shipment. The merchandise must not be used and must be returned in the same conditions and packaging in which they were received.

The Client is responsible for return courier shipping charges as well as any other fees including import or customs duties. Returns that do not meet our policy will not be accepted.  Returns are processed within 15 business days of return receipt.

Any returned items which are damaged or have anything missing, such as accessories, will not be accepted by the Seller and will be returned to the sender and transport costs charged to the Customer. When the Seller receives returned goods which do conform to our conditions, and checks have been made, the refund will be made. If any damage is found that does not affect the use of the product in any way, or if the original packaging has been tampered with (not as a result of transport), or if the packaging is missing, Micheluzzi Glass will retain a percentage proportionate of the value of the goods for repair costs.

Micheluzzi Glass will refund the full amount of the goods purchased, excluding transport costs, within 30 days by bank transfer to the current account indicated by the customer in the form, without prejudice to the costs of repairing any damage found.

The right of refund is completely void if the products are returned:
- damaged (for reasons other than transport);
- incomplete, i.e. missing parts, accessories and components, including manuals, user licences, guarantees, etc.

Right of withdrawal (only for Consumer)

Premise

• A consumer is defined as a natural person who purchases goods and services for purposes that are neither directly nor mediately related to any professional activity carried out.
• Professional user means the natural or legal person who acquires goods and services for purposes directly or indirectly related to his or her professional activity, if any.

Orders placed by companies or other legal persons, as well as holders of commercial VAT numbers, are presumed not to be placed by consumers at all, but by professional users.

Scope of application

 

Notwithstanding the provisions of the preceding Article, if a Client of Micheluzzi Glass is even a the consumer resident in the European Union, he/she has the right to withdraw from the contract as provided for by the Consumer Code (Italian Legislative Decree no. 206/2005).

Pursuant to art. 64 of Legislative Decree no. 206/2005, the consumer might exercise the right of withdrawal, with the exception of goods sold "made to measure", by returning the goods received in their original packaging, without tampering with the guarantee seal or simply opening and/or damaging the outer packaging, and obtaining a refund of the price paid.

Consumers who, for whatever reason, are not satisfied with the purchase made, have the right to withdraw from the contract concluded, without penalty and without giving any reason, within 14 working days from the date of receipt of the goods purchased. The right of withdrawal must be exercised in compliance with the mandatory conditions established by the manufacturing companies and might be exercised as long as the goods have not been used.

All costs for the return of the products will be borne by the Consumer, who must deliver them directly or by other means to the Seller's headquarters; all items must be returned in the same condition as they were received, with the original packaging and any manuals and/or instructions that are part of the package and the original packaging; the return of the goods by other means is not permitted.

Micheluzzi Glass will accept the returned goods, subject to checking that the products have been returned in their original condition and with their original packaging; only in this case will Micheluzzi Glass refund the amount paid by the consumer for the purchase of the products.

The transport costs incurred in delivering the product to the consumer and in returning it to Micheluzzi Glass will not be reimbursed.

In order to exercise the right of withdrawal, the consumer who has made a purchase must anticipate a communication by e-mail (info@micheluzziglass.com) or telephone.

Upon receipt of the communication, the Micheluzzi Glass Customer Service will contact the consumer as soon as possible to inform him/her of the modalities and the return number to be indicated on the return form.

Upon receipt of the return number, the consumer must immediately send the goods, taking care to pack them carefully, if possible in an outer carton, avoiding damaging the original packaging with adhesive tape, labels, etc. The goods must be returned undamaged. The product must be returned undamaged in its original packaging, with all its parts and accessories.

The shipping costs and the responsibility for the goods during shipping, as provided by law, are the responsibility of the customer: it is therefore recommended that the products be insured during shipping with the chosen carrier. In the event of damage in transit, Micheluzzi Glass will notify the Customer within five working days of receipt of the goods, so that the Customer can lodge a complaint with the courier used for the transport. The damaged goods will be made available for return and the cancellation request will be cancelled at the same time.

Upon receipt of the goods in the warehouse, Michelluzzi Glass will check their integrity. If any damage is found that does not affect the use of the product in any way, or if the original packaging has been tampered with (not as a result of transport), or if the packaging is missing, Micheluzzi Glass will retain a percentage proportionate of the value of the goods for repair costs.

Micheluzzi Glass will refund the full amount of the goods purchased, excluding transport costs, within 30 days by bank transfer to the current account indicated by the customer in the withdrawal form, without prejudice to the costs of repairing any damage found.

The right of withdrawal is completely void if the products are returned:
- damaged (for reasons other than transport);
- incomplete, i.e. missing parts, accessories and components, including manuals, user licences, guarantees, etc.

 

Delivery methods, delays and damages

Delivery is made throughout Italy by express courier. Delivery times might vary depending on the location and the volume and weight of the goods.

The Seller is not responsible for any delays due to impediments for delivery including international customs clearance, weather conditions, or other situations in which the courier is unable to deliver. If the Client does not permit the final delivery attempt, all import duties, the return shipping fees, a second shipping or reschedule fee will be the responsibility of the Client. The Seller is also not responsible for damages due to any event once the package has been consigned by the Seller to the courier. We recommend that any packages arriving that are evidently externally damaged should be immediately pointed out to the courier and photographed. The Client should ask the courier to advise of the correct procedure to follow in such cases according to the courier’s policies for damaged packages. Please also inform the Seller at info@micheluzziglass.com immediately, and at most within 24/48 hours of receipt of the goods inclusive of photographic documentation.

 

Language of the contract and applicable jurisdiction

This contract is drafted in English for commercial reasons, without this meaning that Micheluzzi Glass relinquishes the application of Italian law.

Notwithstanding the application of European mandatory consumer protection rules (Italian Legislative Decree no. 206/2005, EU Directive 2000/31) disputes relating to the application, execution, interpretation and breach of the sales contracts concluded "online" through the website https://www.micheluzziglass.com shall be submitted to the Italian jurisdiction.

Any dispute arising between the parties in connection with this contract shall be settled by the court of the district in which the consumer has his domicile, in accordance with the applicable law; for all other customers (foreigners or non-consumers) it is agreed that any dispute, even by way of derogation from the rules of territorial jurisdiction, shall be submitted to the exclusive jurisdiction of the Court of Venice, Italy.

The consumer who is a European resident should be aware that the European Commission has set up an online platform as an alternative dispute resolution tool for contracts concluded online.  The platform is available online at the following address: https://ec.europa.eu/consumers/odr