TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE
These General Conditions of Sale govern the distance selling, through the website memphis-milano.com (“memphis-milano.com” or the “website”), by the company Memphis S.r.l. with a sole shareholder, having its registered office in Pregnana Milanese (Milano), via Olivetti No. 9, registered with the Companies Register of the Milan Chamber of Commerce, Financial and Administrative Information Index No. REA MI-1079287, tax code/VAT No. 06196580150, Tel.: (+39) 02 93290663; Fax: (+39) 02 93591202; e-mail: email@example.com (“Memphis”) to users of memphis-milano.com (the “customers”) of design furniture and objects by Italian and foreign designers, which are manufactured and distributed, under licence, by Memphis (the “products”) and are included in the on-line Memphis catalogue (the “catalogue”).
The General Conditions of Sale are binding on the customer who has placed an order to Memphis, through the website, for the purchase of one or more products (the “order”), which the customer declares to have read, to be aware of and accept. Memphis recommends its customers to carefully read these General Conditions of Sale before placing an order through memphis-milano.com.
Memphis may change these General Conditions of Sale at any time, without warning or notice to its customers. Changes are binding from the date they are published on store.memphis-milano.com; therefore Memphis recommends to access the site frequently and to always read the General Conditions of Sale before placing an order for a product. These General Conditions of Sale are updated to April 2020.
WHO MAY ORDER PRODUCTS ON MEMPHIS-MILANO.COM
Product orders may be placed on memphis-milano.com by customers either acting for purposes that are not part of their business, industrial, artisan and professional activities (that is in their capacity as consumers) or for purposes that are part of their business, industrial, artisan and professional activities (that is in their capacity as professionals, for example, an architect or lawyer intending to furnish his/her office); however under no circumstance acting as agent, wholesaler, reseller or dealer in the products offered for sale on memphis-milano.com. Memphis reserves the right not to fulfil any product orders if it ascertains that the individual who placed the order is an agent, wholesaler, reseller or dealer and that the order has the purpose of establishing a business for the resale of the products both retail and wholesale, both on the Internet and in shops, including, but not limited to, points of sale, shops, large-scale retail trade, outlet shops. Products may not be ordered and purchased by anybody under 18 years of age.
For more information on products and their orders, customers may contact Memphis Customer Service on working days (excluding Saturdays and national holidays and holidays celebrated in the Municipality of Milan, the month of August during the summer and the days Memphis is closed during the Christmas holidays, if working days), from Monday to Friday, during office hours, at the following telephone and fax numbers and e-mail address: Tel.: (+39) 02 93290663; Fax: (+39) 02 93591202; e-mail: firstname.lastname@example.org.
Clear and straightforward information on the main characteristics of each product are available on memphis-milano.com, in the product information sheets published in the catalogue. The website, in particular, provides for each product available for order, the price (VAT included) of each product, its characteristics, such as its dimensions (for example height, length and depth), the available product order quantity, the product designer’s name and the product name. Memphis reserves the right to amend, at any time and without warning or notice to customers, the products in the catalogue and any information related to them.
PRODUCT PRICES AND PAYMENT METHODS
The product information sheet contains information on the product prices (VAT included). The placing of the order entails the payment of the product price by the customer. The product price is VAT inclusive and does not include the shipping and delivery costs of the products, which are borne by the customer.
The product price can be paid through the following payment methods: (i) advance bank transfer on the current account of Memphis the details of which will be provided upon confirmation of the purchase order through e-mail; (ii) through credit card or through prepaid cards via PayPal®. The credit cards and prepaid cards that can be used to pay the product prices are those allowed on PayPal®.
In the event that the customer has selected to pay the product prices via PayPal® with credit card or prepaid card, the payment information (for example, the credit card/prepaid card number, the name of the card holder, the expiry date, the relevant security code) will be managed directly by PayPal® on its security platform and Memphis has no access to it. The product purchase price and the shipping and delivery costs are charged to the current account at the end of the remote electronic payment procedure. PayPal® shall inform the customer via e-mail if the transaction is successfully completed or otherwise. In the event that the customer’s current account does not have sufficient funds, it will not be possible to pay the product price and therefore the purchase procedure will not be completed.
In the event of advance bank transfers, the time required to assess the successful completion of the transaction may vary between 1 to 3 working days. The product purchase procedure will be successfully completed once it has been ascertained that the product price has been paid. Memphis will send the products to the customers only once it has checked that the product price has been paid.
The customer will receive the payment invoice with the product delivery.
PROCESSING OF ORDERS
The order will be processed only if the product purchase price is paid and all the data are entered in the order correctly and thoroughly. The customer may access the order form in order to make any changes required before the order is submitted. Memphis may check the data contained in the order before processing same, without any obligation to the customer. Memphis will not process orders containing incomplete or incorrect data or data referred to products that cannot be purchased on account of insufficient funds on the holder’s current account or credit card/prepaid card quoted in the order. In these cases, Memphis will contact the customer, via e-mail or by telephone, at the e-mail address or telephone number provided by the customer in the order, to inform the customer that the order could not be processed and notifying the reasons why this could not be done.
In the event that the order is not processed by Memphis, because of the unavailability, even temporary, of the required product, Memphis will inform the customer via e-mail and will refund any amount that may have already been paid for the product.
In order to place orders on memphis-milano.com the customer does not need to be registered on the website. If the customer is not a registered user of the website, he/she will be assigned automatically and sent via e-mail a temporary alpha-numeric code (User ID) and password, which he/she may change independently and at any time after being notified by accessing the website. By logging onto memphis-milano.com through his/her User ID and password, the customer may check the status of his/her orders. For any questions or queries customers may contact Customer Service.
PRODUCT SHIPPING AND DELIVERY PROCEDURES
Memphis will deliver the product ordered subject to payment of the price, at the delivery address listed by the customer in the relevant order, within minimum 3 to maximum 15 working days starting from the date of receipt of the actual payment of the product price and in any case no later than 30 working days from the day following the one on which the order was submitted by the customer to Memphis. In the case that the purchased product is not immediately available, and it is necessary to produce it, the delivery time can extend to a maximum of 150 working days from the date of the order.
Memphis ships products to all the countries of the European Union. The complete list of the EU countries is available at: http://europa.eu/about-eu/countries/index_it.htm. Concerning the shipment of the products to any extra EU countries, Memphis reserves to verify, basing on the quotation requested to his transporters, the feasibility and the charges of the shipment
The product shipping and delivery takes place on working days, from Monday to Friday (excluding Saturday and national holidays and holidays celebrated by the Municipality of Milan, the month of August in the summer and the days Memphis is closed over the Christmas holidays, if these are working days), from Monday to Friday during office hours.
Deliveries are made by the shipping company as appointed from time to time by Memphis. The risk of loss or damage to the product purchased on memphis-milano.com is transferred to the customer upon delivery of same at the delivery address listed in the order form. Products sent through the shipping companies appointed by Memphis are insured.
The shipping and delivery costs are borne by the customer and are calculated on the weight, volume and destination of the purchased products. The calculation is made automatically during the screen-based order procedure and when the products are placed in the cart.
DISPLAY THE SHIPPING AND DELIVERY COSTS TABLE
The shipping and delivery costs are for transport to the side of the road at the address and street number listed in the relevant order, accessible to means of transport and not in restricted traffic areas and it excludes transportation by hand and assembly inside the house or office, the disposal of packaging and assembly of the product if required. The customer will be required to inform Memphis about any restrictions to the delivery (e.g. Restricted traffic area, historic centre, prohibited access or access only for authorised vehicles, etc.); for non standard product deliveries (e.g. to the door of the customer) please contact Memphis Customer Service for a quotation.
Upon receipt of the products, the customer is required to immediately check (i) that the number of packages corresponds to what is listed on the transportation document and (ii) the conditions of the packaging and of the products. If the number of packages doesn’t match the number listed in the transportation document or any external damage to the product packaging must be promptly disputed by placing the conditional acceptance on the delivery documentation that the shipping company gets signed with “conditional delivery” and a copy thereof will have to be sent to Customer Service via e-mail (email@example.com) or via fax: (+39) 02 93591202. This in order to replace or supplement in the shortest possible time the damaged product or non delivered packages or packages delivered in excess or to refund the customer completely the price paid in the event that the product (and not only the packaging) is actually damaged or does not correspond to what was ordered. In any case, we always recommend customers remove the packaging and check the integrity of the product before signing the delivery document.
RIGHT OF WITHDRAWAL
The customer has the right to withdraw from the agreement with Memphis, without any penalty and without having to provide reasons for it, within 10 working days from the date on which the product was received by the customer. The right of withdrawal is exercised by sending by the deadline of 10 working days of a written notice to the registered office of Memphis, through registered letter with return receipt. The notice can also be sent, by the same deadline, via telegram, telex, e-mail and fax upon condition that it is confirmed through registered letter with return receipt within the following 48 hours.
EFFECTS OF THE WITHDRAWAL
The customer is required to return the product within 10 working days from the date on which the product was received by the customer. To the purposes of the expiry of the deadline, the product is deemed to have been returned when it is handed in to the shipping company appointed by the customer at his/her own expense. We recommend the customer to contact Memphis Customer Service to agree the terms for the shipping of the products. The material integrity of the product to be returned is a precondition to exercise the right of withdrawal and the return of the product itself. The only fees owed by the customer for the exercise of the right of withdrawal are the costs of returning the product to the Memphis warehouse, in Pregnana Milanese (Milano), via Olivetti No. 9.
If the customer withdraws from the agreement in accordance with the provisions of the paragraph concerning the right of withdrawal of the Conditions of Sale, Memphis will issue a credit note and refund the customer the product price that the customer paid to Memphis to purchase the product ordered, after deducting the delivery costs. The refund will be processed promptly and in any case no later than 30 days from the day Memphis received from the customer the notice of exercise of the right of withdrawal from the agreement. The amounts are deemed to be refunded within the deadlines when they are actually returned, sent or re-credited with a value date no later than the expiry of the above-mentioned deadline.
Refunds will be processed using the same method of payment used by the customer for the initial product purchase transaction, unless otherwise expressly agreed by the costumer with Memphis. In any case, the customer will not incur any costs as a result of the refund. The refund of payments will be suspended until the product is received.
The customer acknowledges and agrees that the products sold on memphis-milano.com because of their nature cannot be returned by post. The estimated costs of returning the product are equal to or higher than the costs incurred for the shipping and delivery of the product to the customer according to the type of standard delivery offered by Memphis. The customer is liable for the diminished value of the product as a result of the handling of same other than what was necessary to ascertain the nature, characteristics and functioning of the product.
After-sale support is not guaranteed by Memphis. Memphis guarantees product compliance in accordance with the law; no additional guarantee is offered other than the legal guarantee of products. Products are supplied with their authenticity certificate.
ACCESS TO MEMPHIS-MILANO.COM
Memphis will do its best to ensure that access to memphis-milano.com for the purchase of products is continuous and without interruptions and that communications through memphis-milano.com, including orders and order receipts, are transmitted without errors or delays. Access to memphis-milano.com may occasionally be suspended and its use be limited or restricted to allow the maintenance or the introduction of new functionalities of the website. Memphis will endeavour to limit the frequency and duration of these suspensions, limitations and restrictions.
INTELLECTUAL PROPERTY RIGHTS
Also in light of the nature and characteristics of the products offered for sale by Memphis on memphis-milano.com, the website and its contents, included the product names, trademarks, logos, any pictures portraying the products, as well as the product catalogue and the graphic design of the website itself are materials protected by intellectual property rights of Memphis or of third parties that granted Memphis the relevant right of use. Memphis allows its customers and users to use the website for personal use only and to place orders on the website itself, without having the possibility of reproducing or downloading, on any media, including the hard drive, these materials, with the exception of the temporary reproduction required to enabling the screen-based communication (cache copy). Any commercial use of this website and of its contents is excluded; any use by the customer and users of the product catalogue, their descriptions, images and prices is not authorised. Furthermore, it is prohibited to activate links, deep links or frames to the website as well as any other techniques or technologies allowing the use, including indirect and hidden (such as for example meta tags) of product names, trademarks and logos of Memphis and of third parties appearing on the website and in the product catalogue as well as of any other protected materials (including images, texts, layout, drawings, models, information, etc.). The products offered for sale on store.memphis-milano.com are protected by Italian and international regulations on copyrights and rights on registered and unregistered models and designs, both nationally, internationally and at the Community level. Any activity in breach of said rights may be prosecuted in accordance with the provisions of the law.
Italian law applies to these General Conditions of Sale.
SETTLEMENT OF DISPUTES
In the event of disputes arising from the interpretation, application and execution of the General Conditions of Sale, Memphis guarantees with immediate effect its participation to an attempt to amicable settlement that the customer may bring before RisolviOnline, the independent and institutional service offered by the Court of Arbitration of the Milan Chamber of Commerce, which allows to reach a satisfactory agreement, with the assistance of a neutral and competent arbitrator, friendly and safely and through an Internet connection. For more information please visit the website: www.risolvionline.com.
Without prejudice to the mandatory territorial jurisdiction of the judge of the location where the customer is resident or domiciled, if located in Italy, any disputes concerning the agreement between Memphis and the customer, including those related to the interpretation, application and execution of these General Conditions of Sale, are referred to the exclusive jurisdiction of the judge of the Court of Milan.