1.1. These General Conditions regulate the Contract for the online sale of products offered by Michele Matranga sas through the online platform www.michelematranga.it
1.2. Pursuant to and for the purposes of articles. 7 and 12 of the Legislative Decree. n. 70/2003, we inform Customers that the service provider on the Site and object of the General Conditions is Michele Matranga sas owner of the license of P.S, duly registered at the C.C.I.A. of Palermo with VAT number 04109520827, REA 171940 with registered office in Palermo, via Francesco Lo Iacono 91, 90144 Palermo
2.1. In the present General Conditions the terms not otherwise defined will have the meaning assigned to them below:
“Acceptance” means the contractual acceptance of the Purchase Order by Michele Matranga sas, following verification of the availability of the Product.
“Account Michele Matranga sas “ means the personal account of the Client accessible from the Site and allocated in the “My account” section. From the Account Michele Matranga sas the customer has the right to verify their Purchase Orders, as well as change their personal data.
“Customer” means the user who has successfully completed the registration procedure on the Website, choosing his/her login credentials. The Customer has the right to browse the Site and his Michele Matranga sas Account and to use all the services available from time to time on the Site. The Client must complete his personal data profile before being able to conclude the Contract.
“Consumer Code” means the Legislative Decree 6 September 2005, n. 206 and subsequent amendments and additions.
“Content” means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful information aimed at the use of the Site and to be understood, for this, an integral part of this), the animations, the databases, the design and the contents, the brands, the logo, the technical solutions adopted, the graphic realizations, the look & feel, the structure and any other part already realized or to be realized, whether registered or not, covered or not copyrighted or legally protected, published on the Site or any other material (in any form) or service that is made available through the Site to Customers, including information sheets relating to Products, images or descriptions relating to Products as well as brands or logos of third parties who are producers or suppliers of the Products.
“Contratto” “Contract” means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), the Purchase Order and the Acceptance, as well as any further conditions published on the Site and the additional rules and / or instructions present on the sheets of the individual Products or, in any case, published on the Website.
“Michele Matranga sas” is the company regularly registered with the C.C.I.A. of Palermo, holder of license of P.S., with VAT number 04109520827, REA 171940 with registered office in Palermo, via Francesco lo Iacono 91, 90144 Palermo.
“Purchase Order” means the contractual proposal formulated by the Customer for the purchase of a Product present on the Site and sent to Michele Matranga sas in accordance with the purchase procedure referred to in Article 5 below.
“Product or good” means any precious object, jewel, watch or accessory placed on sale on the Site and any other product offered for sale on the same Site.
“Site” means, the website www.michelematranga.it
“Freight Forwarder” means the Ferrari forwarder, Ups or the different forwarder chosen from time to time by Michele Matranga sas, at its sole discretion, who will take care of the deliveries of the Products purchased on the Website.
03. General Conditions
3.1. The General Conditions applicable to the sale on the Website of the Products are those published on the Website in the “General Conditions of Sale” section on the date of sending the Purchase Order by the Customer. It is the Client’s responsibility to check and read the applicable General Conditions before proceeding with each Purchase Order.
3.2. The Customer is asked to print a copy of the General Conditions applicable to each Purchase Order and / or to store them on a durable medium.
3.3. The General Conditions can be changed by Michele Matranga sas at any time. Any changes and / or new conditions will be effective from the moment of their publication in the “General Conditions” section of the Site.
3.4. These General Conditions do not regulate the sale of products and / or the provision of services by subjects other than Michele Matranga sas that are present on the Site through links, banners or other hypertext links. Before making transactions commercial with such subjects it is necessary that the Customer verify their conditions of sale. Michele Matranga sas is not responsible in any way for the provision of services and / or for the sale of products by such subjects. On websites that can be consulted through these links, Michele Matranga sas does not check and / or monitor. Michele Matranga sas is therefore not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same.
3.5. The services provided on the Website, as well as the Contract and the General Conditions, are in Italian.
04. Site Registration
4.1. In order to purchase the Products offered for sale on the Website, the Customer must register with the Website, creating a Michele Matranga sas Account, indicating an e-mail address and a password to log in, after having read the Information on the processing of data personal. The registration credentials, which may be modified by the Customer at any time by accessing their Michele Matranga sas Account, are personal and can not be transferred to third parties. Registration on the Site is free.
4.2. The Customer must complete, even at a time after the registration, but at least before sending his first Purchase Order on the Site, the registration procedure to the Site, accessing his Michele Matranga sas Account and providing the requested information and personal data.
4.3. The Customer guarantees that the information provided during the registration procedure on the Site is complete, correct and truthful. The user agrees to keep Michele Matranga sas unharmed from any obligation to compensate, resulting sanction and / or in any way related to the violation by the Customer of the rules on registration to the Site. The user is solely responsible for accessing the Site through the credentials of registration and responds directly to any damage or injury caused to Michele Matranga sas or third parties by improper use, loss, misappropriation by others or failure to protect the proper secrecy of their registration credentials. All operations carried out through the registration credentials are considered as carried out by the Customer to whom the registration credentials refer.
4.4. The Customer expressly authorizes Michele Matranga sas to send all communications relating to the Contract to the e-mail address, as well as to the Purchase Order, the Acceptance and the execution status of the Order.
4.5. The Customer can view the Purchase Orders made in his Michele Matranga sas Account, as well as manage and save personal data.
4.6. The Customer may at any time cancel his registration on the Website by sending an email email@example.com
4.7. Michele Matranga sas reserves the right to refuse, in its sole discretion, the registration of any Customer. Michele Matranga sas also reserves the right not to accept orders, from anyone coming, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site.
4.8. By registering with the Website, the Customer can accept to receive, through the contacts provided by it, any invitations to participate in Michele Matranga sas’s sales and commercial proposals. At any time the Customer may request not to receive further invitations to participate in sales. In this case, the Customer can still participate in the sales through direct access through his credentials on the Site.
05. Purchase procedure conclusion of the contract
5.1. The Customer who intends to proceed with the purchase of the Products must express this intention through a request made directly on the Site, in the dedicated section, where, following the procedures indicated therein, he will send his Purchase Order.
5.2. Pursuant to and for the purposes of Legislative Decree 70/2003, Michele Matranga sas announces that the technical steps to be carried out for the submission of the Purchase Order and the conclusion of the Contract are as follows:
- the Customer can access the Website and view the Products for sale on the Website itself, know the characteristics and the price of the Products (expressed in Euro and inclusive of VAT), the costs of shipping and delivery; the Customer may also view the photographs of the Products, published for the sole purpose of illustrating the Products themselves;
- the Customer can choose the Product to be purchased which will automatically enter the “shopping cart” section of the Website; if the Customer is already registered on the Site the products included in the “cart” will remain in the same cart and will be viewable also in the following browsing sessions;
- where the Customer intends to purchase the Product loaded in the “cart”, pursuant to art. 4 above, must register on the Site or, if it is already a Customer, login to your Michele Matranga sas account and, if necessary or pursuant to art. 4.2., Complete his profile;
- from your Michele Matranga sas account the Customer can know the details of his “cart”, including the price of the selected Product, the costs of delivery and shipping;
- to confirm the Purchase Order, the Customer must choose the method of payment (bank transfer, credit card or paypal), choose the delivery methods (inserting the address of the shipment) and any other data requested and indicate, where it is in possession, the discount code that it intends to use; these data can be modified until the definitive release of the Order, which can be performed by clicking on the “Buy” button, subject to verification and acceptance of the applicable General Conditions and specific acceptance of the clauses pursuant to and by effect of art. 1341, paragraph 2, of the Civil Code. Following the confirmation of the Purchase Order, the order cannot be changed or cancelled, except as provided for by the following art. 10; any errors must be reported to Michele Matranga sas a with an e-mail to the e-mail address firstname.lastname@example.org);
- where the customer has opted for payment by credit card or through a paypal account, he will proceed to insert the data and credentials of the credit card or of his paypal account in the appropriate form; confirming the receipt of the Purchase Order by Michele Matranga sas, the Customer will receive at the e-mail address communicated during registration the summary of the Purchase Order;
- Michele Matranga sas sends the Customer the acceptance of the Purchase Order by e-mail;
- after the acceptance, the Customer proceeds to the payment by bank transfer (see art 6.2 below) or, if you have opted for payment by credit card or paypal, the amount of the Purchase Order is charged to the credit card indicated or on the customer’s paypal account (see Article 6.3 below);
The Customer may consult his Purchase Order at any time in his Michele Matranga sas Account.
5.3. Payment can be made by the Customer in accordance with the provisions of the following art. 6.
5.4. The Contract for the purchase of the Product must be considered concluded following the Acceptance by Michele Matranga sas of the Purchase Order. In any case, the effectiveness of the Contract must be understood to be subject to the reception by Michele Matranga sas of the payment made by the Customer.
5.5. In the case of multiple orders, it will be considered stipulated as many Contracts and accepted as many Purchase Orders as are the Products ordered.
5.6. The Purchase Order and the related Contract will be filed in the Michele Matranga sas database for the time necessary to process the order and in compliance with the terms and conditions imposed by applicable law.
5.7. The Purchase Order has an order number to which reference should be made for any communication relating to the Purchase Order itself.
5.8. Where the customer is in possession of a discount code can get a discount compared to the price of the product as indicated on the site; the discount is limited to the price of the Product and does not apply, on the other hand, to shipping costs. The Discount Code can be received by the Customer through the contacts provided by it under this Contract in the context of promotional and advertising campaigns carried out by Michele Matranga sas (see Article 4.8) or with the other methods specified by Michele Matranga sas through the Website (for example, subscription to the newsletter). The communication with which the Customer receives the Discount Code indicates, from time to time, if a) the Discount Code has a deadline beyond which it can no longer be used and b) if the Discount Code entitles to a fixed discount or percentage.
06. Payment Methods
6.1. Payment of the Products may be made, at the Customer’s choice, by:
- early bank transfer of the entire price of the Product, within the terms set out in paragraph 6.2 below
- charging the entire price of the Product on a credit card to the circuits indicated on the Website.
- debit on your paypal account; in accordance with the following paragraph 6.3.
6.2. After confirming the Purchase Order by clicking on the “Buy” button, the Site will inform you that the Order has been completed and by means of a summary e-mail of the Order you will remember proceed with the bank transfer no later than 24h from the moment of receiving the Acceptance by Michele Matranga sas.
The transfer must be made by the Customer to:
Michele Matranga sas
Banca: INTESA SANPAOLO
Bank of Via Tommaso Gargallo 49
90144 Palermo, Italia
After transfer, the Customer will send to Michele Matranga sas at email@example.com a copy of the bank transfer receipt. Where the Customer does not provide payment within 24 hours from the confirmation of the Purchase Order, the Order must be considered cancelled and the Contract may be terminated pursuant to art. 1456 of the Civil Code. The Customer will be notified by e-mail of the cancellation of his Purchase Order.
6.3. If the Customer has opted for payment by credit card or Paypal account, the Customer will be redirected to the site of the institute responsible for managing the payment procedures where it will have to enter the credentials of the credit card or PayPal account, as well as the any other data requested, authorizing the institute to debit the amount of the Purchase Order on said credit card or on your PayPal account. It should be noted that this amount will actually be debited only following acceptance of the order. On the other hand, if the Order is not accepted, no amount will be charged to the credit card indicated by the Customer or the PayPal account. In no case Michele Matranga sas will be able to access the credit card data or other data provided during the payment process. Michele Matranga sas, in order to speed up the purchase transaction, offers the customer the ability to store the data of their credit card in their Account Michele Matranga sas This memorization can never and in any way allow Michele Matranga sas to misuse the customer’s credit card, since for each purchase subsequent to the storage of the card data, the Customer must always enter the security code (CVV) of his credit card. credit. Michele Matranga sas a cannot be held responsible for any illegal or fraudulent use that may be made by a third party of the Customer’s credit card.
6.4. The fiscal receipt / invoice will be sent to the Customer by e-mail.
07. Delivery Of Products
Michele Matranga sas makes the delivery of the Products by Freight Forwarder. For greater protection of their interests and to guarantee the purchaser, Michele Matranga sas, for each order fulfillment, records a video that unequivocally certifies the insertion of the Product inside the respective package and the numbered burglar-proof envelope that contains it, and reserves to present a copy to the Competent Authorities in cases where the use of the same is to be made essential. The anti-burglary envelopes used by Michele Matranga sas are unique, irreproducible and numbered.
7.1. Deliveries are made by the Forwarder to the address indicated by the Customer in the Purchase Order. Deliveries will be made from Monday to Friday, excluding national holidays.
7.2. The delivery of the Product will take place within 7 (seven) days from the Acceptance, provided that the payment of the Product has occurred in the manner and within the terms indicated in the previous art. 6.
7.3. Delivery is deemed to be completed when the Product is made available to the Customer at the address specified in the Purchase Order and the Customer’s signature will be valid on the Forwarder’s waybill. In the event that the package (numbered burglar-proof envelope) shows evident signs of tampering or alteration, the Customer must mark it in the appropriate dispute document proposed by the Forwarder at the time of delivery. In case of failure to notify, the Customer can not in any way oppose to Michele Matranga sas the lack of the Product inside the package – or in the case of multiple orders, the lack of one or more Products – and can not therefore claim against Michele Matranga sas in any mode.
7.4. In case of non-delivery due to the absence of the recipient at the specified address, the Forwarder will retain the delivery on the following working day. If not even the second delivery attempt were to be successful, the Product will be returned to Michele Matranga sas.
7.5. In the event that, following 2 (two) failed delivery attempts, the Product should be returned by Michele Matranga sas’s Forwarder, this last will inform the Customer by e-mail of the attempted delivery attempts and of the fact that the Product has been sent back by the Forwarder. Should the Customer request a new shipment, the costs will be payed again.
After 7 days from the date on which the Product has been sent back to Michele Matranga sas and the Customer has not requested a new shipment, the Contract will be considered terminated and Purchase Order cancelled pursuant to art. 1456 c.c .. In such eventuality, Michele Matranga sas will proceed to the reimbursement of the sum paid by the Customer net of the costs of the unsuccessful delivery as well as the costs of returning the same to Michele Matranga sas and the custody costs, already identified as a flat rate in:
Italy 25 euros
UE 50 euros
Others 150 euros
The resolution of the Contract and the amount of the refund will be communicated to the user by e-mail. The refund amount will be credited to the payment method used by the user for the purchase Michele Matranga sas declines all responsibility for any delays in crediting that depend on the bank or the credit card circuit used for the purchase.
7.6. In the event that, prior to the expiry of the seven days referred to in the previous art. 7.5, the Customer requests to receive the purchased product again, Michele Matranga sas will proceed to a new delivery upon charge, in addition to the costs of the same, the cost of returning the product to Michele Matranga sas and the costs of custody, now identified by default in:
Italy 25 euros
UE 50 euros
Others 150 euros
The payment methods of this amount will be agreed directly with the customer. The new delivery will take place only after the payment has been made.
7.7. In case of impediments to delivery, Michele Matranga sas will contact the user by e-mail to inform him of the delay in delivery times. Michele Matranga sas cannot be held responsible in any way for any delays due to acts of third parties and / or force majeure.
7.8. The costs related to the shipping costs of the Product or, in the case of multiple orders, the Products, are equal to:
Italy 25 euros
UE 50 euros
Others 150 euros
Duties and taxes for EXTRA-EU countries will always be charged to the Client.
08. Products Availability
8.1. The Products offered on the Site are limited in number and can be sold at discounted prices. It may therefore happen that the ordered Product is no longer available after sending the Purchase Order, despite being reported as “available” on the Site at the time of sending the Order. In any case of unavailability of the ordered Product, the Customer will be informed by e-mail from Michele Matranga sas. In this case the Purchase Order will be cancelled. If payment has already been made, Michele Matranga sas will refund the sum paid by the Customer, including shipping charges, immediately, and in any case within thirty days from the day following the cancellation of the Purchase Order communicated via e-mail.
8.2. The amount of the refund will be credited with the same payment methods used for the purchase or, alternatively, by bank transfer (whose bank details will be previously requested by Michele Matranga sas to the Customer). Michele Matranga sas declines all responsibility for any delays in crediting that depend on the bank or credit card circuit used for the purchase.
8.3. In case of multiple orders pursuant to art. 5.5. that precedes, the unavailability of one or more Products ordered does not involve the cancellation of all Orders but only of the Purchase Order relating to the Product not available.
8.4. It should be noted that the indication of the availability or otherwise of the Product indicated on the Site is purely indicative and does not prejudice the provisions of this art. 8.
09. Legal Warranty and Liability
9.1. All goods sold on the Site are owned by Michele Matranga which is the guarantor of the authenticity and the legitimate origin of the goods offered for sale on the Website. For each Products purchased there is the legal guarantee of conformity to the conditions and terms set forth in articles 128 and ss. of Legislative Decree 206/2005. In particular, in case of lack of conformity of the Product, the Customer may avail himself of the rights referred to in art. 128 and ss. D.Lgs. 206/2005.
In particular, given the nature of the Products and the type of service offered, may request, at its own option, Michele Matranga sas to proceed with a reduction of the price paid or termination of the Contract.
9.2. The rights arising from the legal guarantee of conformity may be exercised provided that the Products have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed instructions, as well as prior exhibition by the customer of the bill of delivery by the Forwarder, where appropriate containing the indications referred to in art. 7.3, and the Purchase Order.
9.3. The legal guarantee of conformity applies only to defects not deriving from normal use of the Product. Products that are repaired, modified or in any way altered are excluded from the legal guarantee. They are also excluded from the scope of the legal guarantee for any faults or malfunctions or other defects caused by accidental events or by the Customer’s responsibility or by a use of the Product not compliant with its intended use and / or as provided in the technical documentation and instructions (if any) attached to the Product.
9.4. Michele Matranga sas is not responsible in case of damages, of any kind, deriving from the use of the Product improperly and / or not in compliance with the instructions provided by the manufacturer and in case of damages due to unforeseeable circumstances or force majeure.
9.5. In the event that the Customer is not a consumer within the meaning of the Consumer Code and is a natural or legal person acting in the exercise of his business, commercial, craft or professional activity or an intermediary of the same will not apply the present art. 10, but the common provisions of the Civil Code on the subject of the guarantee referred to in Articles. 1490 and ss.
10.1 The Customer who has purchased a Product through the Website has the right, pursuant to and for the purposes of Articles. 52 and ss. Consumer Code, to withdraw from the Contract, without any penalty and without specifying the reason, within 14 (fourteen) days from the date on which it acquired the physical possession of the Product. The Dispatcher’s delivery note is fully proofed of the receipt.
10.2 In relation to the Products delivered by the Forwarder pursuant to Article 7 above, the withdrawal may be exercised using one of the following methods:
- giving notice of termination by registered letter with acknowledgment of receipt sent to Michele Matranga sas, to the following address: Michele Matranga sas, via Francesco Lo Iacono 91, 90144 Italy. The withdrawal may also be anticipated by e-mail at the email address firstname.lastname@example.org provided that the notice of withdrawal is confirmed by registered letter with acknowledgment of receipt within 48 hours
- if you have an account certified e-mail (PEC), it will be sufficient to write to email@example.com. The communication must include an attached copy of the withdrawal form, downloadable at this link duly completed.
10.3 After sending the notice of withdrawal pursuant to art. 10.2 above, the customer must send, using a carrier of his choice and at his own expense, within 14 (fourteen) days from the date of communication of the withdrawal, the product purchased at the following address: Michele Matranga sas via Francesco Lo Iacono 91 Palermo, Italy.
The costs and risks related to the return of the Product are charged to the Customer.
The Products must be returned intact and properly packaged, in their original packaging, accompanied by any accessories and completed by the delivery note.
10.4 Where the Customer exercise the right of withdrawal in accordance with this article and in compliance with the provisions of Articles 52 and ss. Consumer Code, Michele Matranga sas within 14 (fourteen) days of receipt of the notice referred to in art. 10.1. and in any case only and exclusively after the return of the Product, will refund the customer the amounts paid for the purchase of products including shipping costs by bank transfer made on the bank specified by the customer on the withdrawal form.
10.5 The right of withdrawal pursuant to this art. 10 is not guaranteed to customers who are not consumers under the Consumer Code and therefore are natural or legal persons who act in the exercise of their business, commercial, craft or professional activity or an intermediary of the same.
11.1. The Website Content is protected by Michele Matranga sas copyright and all other intellectual property rights. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the Website Content is forbidden unless previously authorized in writing by Michele Matranga sas. Any use of the Website contents for commercial and / or advertising purposes is also prohibited.
11.2. All other trademarks, distinctive signs, images, models that distinguish the Products sold on the Site or in any case connected to them, registered by their respective owners or otherwise subject to third party rights, are used by Michele Matranga sas for the sole purpose of define and describe the Products for sale on the Site.
Any use of the trademarks, distinctive signs, images and models mentioned above by the user of the Site or anyone else who does not comply with the law is prohibited.
11.3. Under no circumstances can the user alter, modify, modify or adapt the Site, or the Content of the same.
12. Protection of Personal Data
12.1. Michele Matranga sas is the owner of the personal data collected at the time of registration on the Site, as well as those subsequently communicated at the time of sending the Purchase Order by the Customer.
For information on the processing of personal data, including the rights of in art. 7 of Legislative Decree 196/2003, please refer to the detailed information available on the Website and accepted by the Customer at the time of registration on the Website itself.
13. Communications and Assistance
13.1. For any communication or request for assistance, the Customer can contact Michele Matranga sas at the following addresses:
Address: Michele Matranga sas, via Francesco Lo iacono, 91, 90144 Palermo.
14. Miscellaneous and Jurisdiction
14.1. For what is not expressly indicated by these General Conditions, the Contract will be regulated by the Consumer Code (see in particular the provisions of Chapter I “Of the rights of consumers in distance contracts”, Title III, Part III of the Consumer Code), from the Legislative Decree 70/2003, from the articles 1372 and ss. Civil Code and any other legislation applicable to the Contract itself.
14.2. In the event that certain provisions of these General Conditions and in any case of the Contract should be considered void, invalid or ineffective in the light of current legislation, such provisions shall be automatically replaced by the applicable law and in any case will not entail nullity, invalidity or ineffectiveness of the entire provision that contains them, or of the Contract in its entirely.
14.3. The mere tolerance or failure by Michele Matranga sas to contest any Customer’s failure to comply with the provisions of these General Conditions or in any case by the Contract can not be considered as tacit acceptance of such failures or as a will to derogate from what was agreed in the Contract.
14.4. The Contract is governed by Italian law.
14.5. For any dispute concerning the validity, effectiveness, interpretation or execution of each Contract and, in general, relating to the navigation on the Site by the Customer or to the use of any functionality made available to the Customer through the Website, the parties agree to activate previously the conciliation procedure at the competent offices (https://ecas.ec.europa.eu/cas/login?loginRequestId=ECAS_LR-4772268-xfP3PRGZkQ0Y44HRrgrdW2fLTkZflxfy4Fc6HgW4aKHL76Tzq8oAADF9MpIlrBOyfnL837jWysCizOdAJpOjIN-Jj71zxYb8yrLCUwLpbdAhe-kFVmbLrv6F4DkDNWBnzddDIiP50aSVhTjzJkEagQE6zq)
and to retain the jurisdiction of the Court of Palermo, except for the mandatory forum of the place of residence or elective domicile of the Customer acting as consumer customer, pursuant to art. 66-bis Consumer Code.