Terms and Conditions

Effective from June 1, 2015 for contracts concluded after that date.

These General Terms and Conditions of Sale govern the offer and sale of products through the molaroni.com/collections section ("Store") of the website www.molaroni.com ("Website").
The products marketed on the Store ("Products") are offered and sold by MOLARONI 1880 srl, with registered office in Via Luca Della Robbia n. 9/11, 61121 Pesaro (PU) – ITALY, registered with the Pesaro Business Register – REA n° 255773, VAT number 02669430411, owner of the Website, the Store, and the MOLARONI 1880 brand.

1. SCOPE OF APPLICATION AND BROWSING THE WEBSITE AND STORE
1.1 The offer and sale of Products on the Store constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing provisions on electronic commerce.
1.2 These General Terms and Conditions of Sale apply to all sales made by MOLARONI 1880 on the Store.
1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Website, in the "Terms and Conditions" section. Users are therefore invited to regularly access the Website and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by subjects other than MOLARONI 1880 that are present on the Website or on the Store via links, banners or other hyperlinks. Before making commercial transactions with such subjects, it is necessary to verify their sales conditions. MOLARONI 1880 is not responsible for the provision of services and/or the sale of products by such subjects. MOLARONI 1880 does not carry out any control and/or monitoring of the websites consultable through these links. MOLARONI 1880 is therefore not responsible for the content of these sites nor for any errors and/or omissions and/or violations of law by them.
1.6 The user is required to carefully read these General Terms and Conditions of Sale, which MOLARONI 1880 makes available in the "Terms and Conditions" section of the Website and which they are allowed to store and reproduce, as well as all other information that MOLARONI 1880 provides to them on the Store, both before and during the purchase procedure.
1.7 These General Terms and Conditions of Sale are applicable in the following States: Italy.
1.8 The Website allows each user to browse and, after registration, to make purchases on the Store from any region of the Italian State.

2. PURCHASES ON THE STORE
2.1 The purchase of Products on the Store is permitted only to subjects who:
a) are 18 years of age or older;
b) qualify as consumers, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out;
c) are registered on the Website, as provided for in article 3 below.
2.2 The user is allowed to purchase multiple Products with a single order ("Multiple Order"). Under no circumstances may retailers, wholesalers, or, in general, all those who intend to purchase Products for the purpose of subsequent resale, make purchases on the Store. It is therefore forbidden for such subjects and all those who are not consumers to register and make purchases on the Store. Furthermore, the subjects referred to in article 10.11 will no longer be able to make purchases on the Store.
2.3 In the event of a violation of these prohibitions or in the case of orders, from whomever they originate, which appear anomalous in relation to the quantity of products purchased or the frequency of purchases made, MOLARONI 1880 reserves the right to take all necessary actions to stop the irregularities, including the non-acceptance or cancellation of irregular orders or the suspension of access to the Store or the cancellation of registration to the Website.
2.4 Finally, MOLARONI 1880 reserves the right to refuse or cancel orders originating from:
a) a user with whom it has an ongoing legal dispute;
b) a user who has previously violated the conditions and/or terms of the purchase contract with MOLARONI 1880;
c) a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud;
d) users who have provided false, incomplete or otherwise inaccurate identifying data or who have not promptly sent MOLARONI 1880 the documents requested by it within the procedure referred to in article 9.4 below or who have sent invalid documents.

3. REGISTRATION ON THE WEBSITE
3.1 The purchase of Products on the Store can only take place after registration on the Website.
3.2 Registration on the Website is free. To register, the user must fill in the appropriate form on the "Login/Register" page by entering their name, surname, e-mail address, a password and, after accepting the Privacy Policy, clicking on register. Successful registration will be confirmed to the user via a specific e-mail ("Website Registration E-Mail").
3.3 Each user can only have one registration on the Website.
3.4 Registration on the Website, through the opening of a personal account called "My account", allows the user to:
a) save their shipping and billing addresses;
b) access all information relating to orders and returns;
c) track the order status;
d) manage their personal data and update it at any time.
3.5 Registration credentials (e-mail address and password) allow the user to make purchases on the Store.
They must therefore be kept with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. The user also undertakes to immediately inform MOLARONI 1880 in the event that they suspect or become aware of improper use or undue disclosure of the same.
3.6 The user guarantees that the personal information provided during the registration process on the Website is complete and truthful and undertakes to indemnify and hold MOLARONI 1880 harmless from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the rules on registration on the Website or on the retention of registration credentials.
3.7 Registration on the Website constitutes acceptance of these General Terms and Conditions of Sale.

4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree 9 April 2003, n.70 containing provisions on electronic commerce, MOLARONI 1880 informs the user that:
a) to conclude the purchase contract for one or more Products on the Store, the user must fill out an electronic order form and transmit it to MOLARONI 1880, electronically, following the instructions that will appear from time to time;
b) the contract is concluded when the order form reaches the MOLARONI 1880 server;
c) before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the Store;
d) once the order form has been registered and confirmation of the validity of the payment method used has been received, subject to the provisions of article 9.3 and subsequent sub-paragraphs, MOLARONI 1880 will send the user to the e-mail address indicated an order confirmation ("Order Confirmation E-Mail") containing: the order number, information relating to the essential characteristics of the purchased Product, the detailed indication of the price, the payment method used, the delivery costs and any additional costs, as well as a link to information on the right of withdrawal and the General Terms and Conditions of Sale; the General Terms and Conditions of Sale applicable to the order, instructions on withdrawal and the Withdrawal Form referred to in article 11 below will be consultable via a link in the e-mail;
e) the order form will be archived in the MOLARONI 1880 database for the time necessary for its execution and, in any case, within the terms of the law. To access their order, the user can consult the "My account" - Recent orders section of the Website.
4.2 The languages available to the user for the conclusion of the contract are Italian and English.

5. PRODUCT AVAILABILITY
5.1 The products offered on the Store, at the time of the user's order, represent a selection from the MOLARONI 1880 catalog of furnishing accessories and gift items (such as, by way of example only: amphorae, plates, lamps, tableware, small objects, items for special occasions, and sacred art objects).
As artistic objects produced by hand, the quantities available for each Product vary and can be viewed in the "Cart" section – View Cart – Quantity. Here, the user can increase or decrease the requested quantities of each Product added to the Cart. In case of desired larger quantities, the user is invited to contact MOLARONI 1880 through the methods referred to in art. 15 of these Conditions.
It is also possible to order and purchase Products made ad hoc at the user's request: these orders, referred to in art. 5.9, are managed through direct contact and not through the Store.
5.2 Product availability is continuously monitored and updated. However, since the Store can be visited by multiple users simultaneously, it may happen that multiple users purchase the same Product at the same time. In such cases, the Product may appear available for a short period while it is actually out of stock or not immediately available, requiring a restock.
5.3 Unavailable single products. If the Product is unavailable for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to other rights granted to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, MOLARONI 1880 will immediately notify the user via e-mail ("Unavailable Product and Delivery Delay Notification E-mail"). The user will then be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of art. 61, paragraphs IV and V, of the Consumer Code.
Alternatively, and without prejudice to this right, the user may accept one of the following proposals from MOLARONI 1880:
a) if a restock of the Product is possible: an extension of the delivery terms, with MOLARONI 1880 indicating the new delivery term for the restocked Product;
b) if a restock of the Product is not possible: the supply of a different product, of equivalent or superior value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.
The user's choice must be promptly communicated to MOLARONI 1880, by e-mail, to the address referred to in art. 15 below.
5.4 Right of Termination for Single Order. In the event that the user exercises the right of termination referred to in art. 61, paragraphs IV and V, of the Consumer Code, and payment of the Total Amount Due – consisting of the price of the Product, delivery costs, if applicable, and any other additional cost, as resulting from the order ("Total Amount Due") – has already occurred, MOLARONI 1880 will refund the Total Amount Due without undue delay and, in any case, within 15 working days from the submission of the order. The refund amount will be communicated to the user via e-mail ("Re-credit Notification E-mail") and credited to the same payment method used by the user for the purchase. In the case of payment by bank transfer, MOLARONI 1880 will ask the user for the bank details necessary for the refund. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit date.
5.5 Multiple Order with Unavailable Products. In the case of a Multiple Order, if the subsequent unavailability concerns only some of the Products included in the Multiple Order – without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of articles 5.3 and 5.4 above, if the subsequent unavailability concerns all the Products included in the order – MOLARONI 1880 will immediately notify the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the effects of art. 61, paragraphs IV and V, of the Consumer Code. Alternatively and without prejudice to this right, the user may accept one of the following proposals from MOLARONI 1880:
a) if a restock of the Product and/or Products included in the Multiple Order that have become unavailable is possible: an extension of the delivery terms for these Products, with an indication of their new delivery term;
b) if a restock of the Product and/or Products included in the Multiple Order that have become unavailable is not possible: the supply, in replacement of the Product/s included in the Multiple Order that have become unavailable, of different products, of equivalent or superior value, subject to payment, in the latter case, of the difference and subject to the user's express acceptance.
The user's choice must be promptly communicated to MOLARONI 1880 by e-mail, to the address referred to in art. 15 below.
5.6 Right of Termination for Multiple Order. In the event that the user exercises the right of termination referred to in art. 61, paragraphs IV and V, of the Consumer Code, the purchase contract for the Product/s included in the Multiple Order that have become unavailable will be partially terminated, limited to such Product/s, with the consequent return, if already paid, of the amount due in relation to such Products and any other additional cost specifically due in relation to such Products ("Partial Amount Due"). The termination of the entire Multiple Order will be possible only in the event of clear and proven accessory nature of the Product/s included in the Multiple Order that have become unavailable with respect to the other Products included in the available Multiple Order. The Partial Amount Due to the user in relation to the Product/s that have become unavailable will be refunded without undue delay and, in any case, within 15 working days from the submission of the order. The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase. In the case of payment by bank transfer, MOLARONI 1880 will ask the user for the bank details necessary for the refund. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit date.
5.7 Pre-Order Products. Without prejudice to the provisions of articles 5.2, 5.3 and 5.4 above, MOLARONI 1880 reserves the right to offer the user the possibility to pre-order Products from new collections before their production. Products that can be purchased before their production will be identified by the wording "Pre-order" ("Pre-Order Products"); the Product Sheet for each Pre-Order Product, as well as during the purchase process and, in any case, before the user is bound by the purchase contract for the Pre-Order Product, will indicate the date from which the Pre-Order Product will become available. Pre-Order Products can be purchased and paid for by the user using the same methods as in these Conditions; once the relevant purchase contract is concluded, the user will receive an order confirmation e-mail, with the requirements set out in art. 4.1 d).
The actual debit of the Total Amount Due relating to Pre-Order Products will be made at the time of ordering the Pre-Order Product.
Those who purchase a Pre-Order Product will be notified via e-mail of its availability and concurrent shipment ("Availability and Shipment Confirmation E-mail"). Unless otherwise specified during the purchase process, Pre-Order Products will then be delivered within the delivery term indicated in the Product Sheet.
In the event that the Pre-Order Product is not produced or in cases of non-delivery or delayed delivery, the provisions of art. 10.12 below will apply. All other provisions of these Conditions will also apply, where compatible.
5.8 Back-Order Products. Without prejudice to the provisions of articles 5.2, 5.3 and 5.4 above, MOLARONI 1880 reserves the right to offer for sale Products which, although not available at the time they are entered into the electronic catalog of the Store (for example, because they are awaiting restock), can still be selected by the user for purchase. Such Products will be identified by the wording "Back-Order" ("Back-Order Products"). The Product Sheet for each Back-Order Product, as well as during the purchase process and, in any case, before the user is bound by the purchase contract for the Back-Order Product, will indicate the date from which the Back-Order Product will become available again. Once the relevant purchase contract is concluded, the user will receive an order confirmation e-mail, with the requirements set out in art. 4.1 d).
Back-Order Products can be purchased and paid for by the user using the same methods as in these Conditions; the actual debit of the Total Amount Due relating to Back-Order Products will take place as provided for in the second paragraph of art. 5.7 above.
Those who purchase a Back-Order Product will be notified via e-mail of its new availability and concurrent shipment ("Availability and Shipment Confirmation E-mail"). Unless otherwise specified during the purchase process, Back-Order Products will then be delivered within the delivery term indicated in the Product Sheet. In the event that the Back-Order Product does not become available again or in cases of non-delivery or delayed delivery, the provisions of art. 10.12 below will apply. All other provisions of these Conditions will also apply, where compatible.
5.9 Ad Hoc Products. MOLARONI 1880 reserves the right to offer the user an Ad Hoc production service: it is indeed possible to create, upon specific request of the user, objects that combine shapes and decorations differently from the selection offered on the Store or to customize the painted subject. This type of work will be carried out starting from the production of the object itself and following the normal "hot" production procedure (painting covered with crystalline and brought to high temperature to ensure its durability and resistance over time, typical of majolica).
Such Products are not included in the Store's electronic catalog and requests are managed manually on a case-by-case basis: a user wishing to purchase an Ad Hoc Product must therefore complete the Customizable Items Request Form (available in the "Customized Items" section of the Website or by clicking on the Customizable Items icon on the Collections page or in the Product Sheet) or send an e-mail to info@molaroni.com, requesting, also with the aid of drawings or photographs, the desired Product as completely as possible.
MOLARONI 1880 will undertake to carry out a feasibility assessment and an estimate of the requested work, with the necessary production times, as soon as possible.
Once the work has been agreed upon with the user, who must accept MOLARONI 1880's proposal in writing, MOLARONI 1880 will send the user an order summary e-mail ("Ad Hoc Product Order Summary E-mail"), containing all the requirements set out in art. 4.1 d), as well as the estimated shipping date and instructions for proceeding with payment by bank transfer.
Ad Hoc Products can only be purchased by bank transfer: the order process is successfully concluded by carrying out the bank transfer (entering "Name and Surname of the order holder and order no." as the reason, as indicated in the Ad Hoc Product Order Summary e-mail) within four working days of receiving the Order Summary e-mail.
When the Ad Hoc Product becomes available, MOLARONI 1880 will notify the user of the completion of the manufacturing phase and concurrent shipment (always free) via e-mail ("Availability and Shipment Confirmation E-mail").
In the event that the Ad Hoc Product is not manufactured or in cases of non-delivery or delayed delivery, the provisions of article 10.12 below will apply. However, pursuant to art. 59 of Legislative Decree no. 21 of February 21, 2014, the provisions on withdrawal, as set out in art. 11.11 of these Conditions, do not apply. All other provisions of these General Conditions of Sale also apply, where compatible.
It is also possible to customize all MOLARONI 1880 objects, including those present in the Store (the latter only with an express written request received via e-mail, to the address referred to in art. 15 below, within 24 hours of receiving order confirmation) with initials, names, dedications. This type of work will be carried out "cold" (painting done without subsequent high-temperature annealing of the object. This work is durable over time, but must not be subjected to the action of acids or alcohol present in household cleaning products or repeated friction) and shipping will only be delayed by the technical time necessary to carry out the customization.

6. PRODUCT INFORMATION
All our Products are entirely made of majolica and hand-painted using artisanal methods, ensuring limited reproducibility in both quantity and quality. Each object, as a work of art, is unique and unrepeatable.
Each Product is accompanied by an information sheet ("Product Sheet") describing its main characteristics. The images and descriptions on the Store reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or the computer used by the user for their display. Furthermore, the Product images on the Product Sheet may differ in size or in relation to any accessory products. Such images should therefore be understood as indicative and with the usual tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the user will prevail.
It should also be added that MOLARONI 1880 objects are entirely handmade and therefore small imperfections in shape and painting are to be considered absolutely normal.

7. PRICES
7.1 All product prices published on the Store are expressed in Euros (€) and include Value Added Tax (VAT).
7.2 MOLARONI 1880 reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be that indicated on the Store at the time of placing the order and that any subsequent variations (increases or decreases) after its transmission will not be taken into account.
7.3 If a Product is offered on the Store at a discounted price, the full reference price against which the discount is calculated will be indicated on the Product Sheet. It is understood that discounted Product offers will only be made if the full reference price of the Product corresponds to its actual market price.

8. PURCHASE ORDERS
8.1 The Products shall remain the property of MOLARONI 1880 until the user has paid the Total Amount Due. Should the Total Amount Due not be paid or payment not be successful, the purchase contract shall be considered automatically terminated pursuant to and for the purposes of Article 1456 of the Civil Code, without prejudice to the provisions of Article 9.3. The user will be notified by e-mail of the termination of the contract and the subsequent cancellation of the order ("Order Cancellation E-mail").
8.2 MOLARONI 1880 will only ship the Products after receiving confirmation of successful payment of the Total Amount Due by the user, within 5 working days. The risk of loss or damage to the Products for reasons not attributable to MOLARONI 1880 will, however, be transferred to the user when the latter, or a third party designated by them and other than the carrier, takes physical possession of the Products.
8.3 Product Replacement. Should the user wish to replace a Product after purchase and receipt – without prejudice to the rights the user may have by law, and, in particular, pursuant to Articles 11 and 12 of these Conditions – replacement will only be possible within 14 days from the date the purchased Product was delivered to the user, after notifying MOLARONI 1880 by e-mail of the desire to return and replace the item, and provided that:
a) the returned Product is intact, complete with any accessories, instruction sheets, and in its original packaging, along with a copy of the purchase invoice and a fully completed return form (available in the "Returns" section of the Website);
b) the Product requested by the user in replacement of the purchased one is available at MOLARONI 1880.
To make a return and replacement as described in the preceding paragraph, the user must follow the procedure set out in Article 11 of these Conditions and available in the "Returns Procedure" section of the Website.
If MOLARONI 1880 verifies that the replacement procedure referred to in this Article 8.3 has been correctly followed by the user, it will:
aa) without undue delay, and in any case within 5 working days from the moment it receives the package containing the returned Product, credit back to the user the Total Amount Due (excluding delivery costs, if applied, and any other additional costs, as resulting from the order, as well as return costs) paid by the user in relation to the returned Product, subject to the successful check for any damage resulting from handling of the Product other than with normal diligence. The credit will be made to the same payment method used for the initial purchase, and the user will be sent an e-mail confirming the refund ("Credit Notification E-mail");
bb) at the moment the replacement Product is shipped by MOLARONI 1880 to the user, charge the user the price of that Product (regardless of whether it is the same, lower, or higher than that of the initially purchased Product) to the same payment method used for the initial purchase. Upon shipment, the user will also be sent a shipping confirmation e-mail ("Availability and Shipping Confirmation E-mail");
cc) once it has received the package containing the Product the user wishes to replace, ship the chosen replacement Product to the user, within the delivery times and with the effective date indicated in the instructions referred to in Article 8.3, above.

9. PAYMENT METHODS
9.1 Payment for Products purchased on the Store can be made by credit card, via PayPal payment solution, or by bank transfer. Credit cards accepted by MOLARONI 1880 are specifically indicated at the beginning of the purchase procedure. If a payment method cannot be used in relation to a specific Product, this will be clearly indicated on the Store, at the latest at the beginning of the purchase procedure.
In the event of a Product change at the user's request, as regulated in Article 8.3 above, MOLARONI 1880 will proceed with the credit and debit operations described in Article 8.3, paragraphs aa) and bb) above.
9.2 In the case of payment by credit card, MOLARONI 1880 debits the Total Amount Due at the time the order is transmitted.
9.3 Should the user be unable to complete payment for their order by credit card (e.g., negative outcome of the card validity verification procedure and/or absence of blocks; insufficient funds in the card's linked account; reaching the maximum spending limit, etc.) or PayPal, and should MOLARONI 1880 decide not to proceed with the termination of the contract pursuant to and for the effects of Article 1456 of the Civil Code, the order placed by the user will be suspended, and MOLARONI 1880 will contact the user to propose another payment method (bank transfer).
9.3.1 If the user agrees to pay by bank transfer, MOLARONI 1880 will send them an e-mail containing the bank details necessary for the transfer ("Bank Details E-mail").
9.3.2 Payment for the Products by bank transfer must be made no later than four working days from the date of receipt of the e-mail referred to in Article 9.3.1. If this deadline expires without payment, the contract will be considered automatically terminated pursuant to and for the purposes of Article 1456 of the Civil Code. The termination of the contract, of which the user will be notified by e-mail ("Order Cancellation E-mail"), will result in the cancellation of the order and the refund of the Total Amount Due, if eventually paid late. Article 5.4 above applies, where compatible.
9.3.3 In the case of payment by bank transfer, the delivery times of the Product will start from the date MOLARONI 1880 receives the bank transfer. To facilitate the link between the payment received by bank transfer and the order, the user is asked to indicate the following in the bank transfer description:
– the order number;
– the name and surname of the order holder, if different from those of the current account holder from which the transfer originates.
The user is advised to promptly send MOLARONI 1880, by e-mail, the receipt of the completed bank transfer.
9.4 In order to ensure the security of payments made on the Store and prevent any fraud, MOLARONI 1880 reserves the right to ask the user, by e-mail, to send, by the same means, a double-sided copy of their valid identity card, and, if the order holder is different from the cardholder, the latter's identity card. The request e-mail will specify the deadline by which the document must reach MOLARONI 1880. This deadline will not, in any case, exceed 5 working days from the user's receipt of the request. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
Should MOLARONI 1880 not receive these documents within the deadline specified in the request e-mail, or receive expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of Article 1456 of the Civil Code, and the order consequently canceled, without prejudice to MOLARONI 1880's right to compensation for any damage it may incur due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified by e-mail, no later than 5 days after the deadline for sending the documents requested by MOLARONI 1880, will result in the cancellation of the order and the refund of the Total Amount Due eventually already paid by the user, with the application of the refund methods provided for in Article 5.4, where compatible. In the event of MOLARONI 1880 receiving valid documentation within the indicated deadline, the delivery terms applicable to the Product will start from the date of its receipt.
9.5 MOLARONI 1880 uses the secure payment service of Shopify Payments, which involves the use of the SSL protocol. Confidential credit card data (card number, start date, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through MOLARONI 1880's servers. MOLARONI 1880 therefore never accesses and does not store the credit card data used by the user for payment of the Products, except, limited to the data relating to the cardholder, in the case provided for in Article 9.4 above.
9.6 In the case of payment by PayPal, the user will be redirected to the website www.paypal.com where they will make payment for the Products according to the procedure provided and regulated by PayPal and the terms and conditions of the agreement between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with MOLARONI 1880. MOLARONI 1880 is therefore unable to know and does not store in any way the credit card data linked to the user's PayPal account or the data of any other payment instrument connected to that account.
9.7 In the case of payment by PayPal, the Total Amount Due will be debited by PayPal to the user simultaneously with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of refund, for whatever reason, the amount of the refund due to the user ("Refund Amount") will be credited to their PayPal account. The crediting times to the payment instrument linked to that account depend solely on PayPal and the banking system. Once the credit order has been placed in favor of that account, MOLARONI 1880 cannot be held responsible for any delays or omissions in crediting the Refund Amount to the user; to dispute these, the user must contact PayPal directly.
9.8 In any case, the commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user ("Invoice E-mail"), to the address they have registered.

10. PRODUCT DELIVERY
10.1 Products purchased on the Store are delivered to the shipping address indicated by the user in the order form. However, delivery can only be made within the borders of the Italian State.
10.2 The user is therefore obliged to enter a shipping address within the borders of the Italian State in the order form. Orders containing a shipping address outside these borders will be cancelled pursuant to and for the purposes of Article 1456 of the Civil Code and the Total Amount Due will be reimbursed, if already paid, using the methods and terms set out in Article 5.4 above, as far as compatible.
10.3 Delivery cannot be made to Livigno, Campione d'Italia, the Republic of San Marino and Vatican City, nor to post office boxes or poste restante addresses. If the shipping address is a post office box or poste restante address or in one of the indicated locations, MOLARONI 1880 will terminate the contract pursuant to and for the purposes of Article 1456 of the Civil Code and reimburse the Total Amount Due, if already paid, using the methods and terms set out in Article 5.4 above.
10.4 The shipping costs for the Products, which may vary depending on the size of the item or the shipping method chosen by the user, and any other additional costs are borne by the user, unless otherwise indicated in the Product Sheet or elsewhere. Their amount will be expressly and separately indicated (in Euros and inclusive of VAT) in the order summary and, in any case, before the user proceeds with its transmission, as well as in the order confirmation email.
If it is necessary to reimburse delivery costs with reference to the case of withdrawal from a Multiple Order as per Article 11 below, MOLARONI 1880 will reimburse the cost of such expenses only if the user intends to withdraw from the entire Multiple Order; in this case, the cost will be reimbursed in full. Otherwise, no reimbursement will be made, given that the delivery costs incurred by the user (which MOLARONI 1880 always calculates as a fixed amount, regardless of the number of Products ordered) are attributable to the delivery of the other Products, different from those for which the user exercised the right of withdrawal, which are part of the Multiple Order.
If, however, the reimbursement of delivery costs results from the unavailability of one of the Products forming part of the Multiple Order, as regulated by Articles 5.5 and 5.6, or from one of the cases of non-fulfilment by MOLARONI 1880 as per Article 10.13, MOLARONI 1880 will reimburse the user for the delivery costs in the following way:
a) if the user has chosen the standard delivery method, by crediting the user an amount of Euro 5.00 for each unavailable Product/Product subject to MOLARONI 1880's non-fulfilment, or, at the user's choice, by providing a promotional code for a purchase voucher usable on the Store, for an amount equal to the full value of the delivery costs paid by the user;
b) if the user, where available, has chosen a delivery method other than the standard one (e.g., express, insured delivery, etc.), by crediting the user an amount of Euro 10.00 for each unavailable Product/Product subject to MOLARONI 1880's non-fulfilment, or, at the user's choice, by providing a promotional code for a purchase voucher usable on the Store, for an amount equal to the full value of the delivery costs paid by the user.
In none of the cases just described can the amount of delivery costs to be reimbursed exceed the amount of the costs actually paid by the user for delivery. The user's choice between the options indicated in Article 10.4 a) or Article 10.4 b) must be promptly communicated to MOLARONI 1880 by e-mail to the address indicated in Article 15 below. If the user has opted for the crediting of the amount referred to in Article 10.4 a) or Article 10.4 b), this will be done using the methods set out in Article 10.16.
10.5 Delivery times start from the receipt of the order confirmation email, subject to the provisions of Article 9.3.3. Shipments, made within Italy as indicated in Articles 10.1, 10.2 and 10.3 via the carrier UPS, usually take two or three working days to be delivered.
During national holiday periods, delivery dates will be expressly indicated on the Store or in the Product Sheet.
In the absence of a delivery date indication, delivery will in any case take place within thirty days from the date of conclusion of the contract. Delivery times are calculated considering only working days and therefore excluding Saturdays, Sundays and holidays.
10.6 Upon shipment, i.e., delivery of the Products to the carrier, a shipping confirmation email will be sent to the user.
10.7 Deliveries will be made by UPS courier, from Monday to Friday during normal office hours, excluding national holidays. MOLARONI 1880 reserves the right to use other carriers and/or different delivery methods.
10.8 The delivery obligation is fulfilled by the transfer of physical possession or control of the Products to the user.
10.9 It is the user's responsibility to check the condition of the Product delivered. Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to MOLARONI 1880, is transferred to the user when the user, or a third party designated by the user and other than the carrier, takes physical possession of the Products, the user is advised to check the integrity of the packaging and the number of Products received and is invited, where possible, to indicate any anomalies on the carrier's transport document. In the event that the package shows clear signs of tampering or alteration, the user is advised to promptly notify MOLARONI 1880. The application of the rules on the right of withdrawal and legal guarantee of conformity remains unaffected.
10.10 Collection of the Product. The user acknowledges that the collection of the Product is a specific obligation arising from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will pass for three consecutive days and leave a delivery attempt notice at the recipient's address containing the number to call to arrange a further attempt for delivery, which must in any case take place within 10 working days following the day of the first delivery attempt. If delivery was not possible, for reasons not attributable to the courier, or if it was otherwise unsuccessful, the package will be "in storage". MOLARONI 1880 will then send an email to the user to unblock the storage and ensure that the package is delivered as soon as possible. If necessary, MOLARONI 1880 may agree with the user to change the shipping address. The user is aware and accepts that, for certain cities and/or areas, in case of absence of the recipient at the address specified in the order form, it is not possible, for reasons independent of MOLARONI 1880 and the courier used, to follow the procedure just described; in such cases, the following procedure will be followed: the courier, after leaving a delivery attempt notice to inform the user that the package is in storage, will deposit the package at an affiliated collection point, whose postal address and contact details and opening hours are specified on the notice. The user will then have 10 working days to collect the package from the indicated collection point. The user is invited, before concluding the order, to contact the courier used by MOLARONI 1880, at the following number: +39.02.30303039 (cost of the call based on the local rate plus any cost of the call from a mobile phone), to find out what procedure the courier follows for the absence of the recipient in the specific area where the user intends to have the Product delivered.
If:
a) the customer service contact attempt is unsuccessful or the user does not respond to it;
b) in cases where the procedure for the absence of the recipient with the package in storage at the affiliated collection point is followed, the user does not collect the package from the affiliated collection point within the deadline;
c) it was otherwise not possible to deliver the package to the user as described above, for reasons not attributable to MOLARONI 1880 and/or the courier used by it;
the Product will be returned to MOLARONI 1880. In any case, after 30 working days from the first delivery attempt, the contract will be considered terminated and the purchase order, pursuant to Article 1456 of the Civil Code, consequently cancelled.
MOLARONI 1880 will then proceed, within 15 working days following the termination of the contract, to reimburse the Total Amount Due paid by the user, deducting the costs of the unsuccessful Product delivery, the return costs to MOLARONI 1880 and any other expenses incurred by it due to the failed delivery caused by the absence of the recipient. The termination of the contract and the amount of the reimbursement will be communicated to the user via e-mail. The reimbursement will be credited to the same payment method used by the user for the purchase. If the user has paid by bank transfer, MOLARONI 1880 will request the user for the bank details necessary for the reimbursement. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit date.
If, before the expiry of the thirty-day period, the user requests to receive the Product again, MOLARONI 1880 will proceed with the new delivery after charging, in addition to the delivery costs, the costs of returning the Product to MOLARONI 1880 and storage costs.
10.11 Those who have not collected the package more than twice cannot make purchases on the Store. If such subjects place orders in violation of this provision, pursuant to and for the purposes of Article 1456 of the Civil Code, the purchase contract may be considered terminated by right. The termination of the contract will be communicated to the user via e-mail and the Total Amount Due will be returned to the user using the methods and terms set out in Article 10.10 above.
10.12 Late Delivery of a Single Product. If the purchased Product is not delivered or is delivered late with respect to the indicated delivery times, the user, pursuant to Article 61 of the Consumer Code, invites MOLARONI 1880 to make the delivery within an additional period appropriate to the circumstances ("Additional Term pursuant to Article 61, paragraph III, Consumer Code"). If this additional period expires without the Products being delivered to the user, the user is entitled to terminate the contract ("Termination of Contract pursuant to Article 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages.
The user is not obliged to grant MOLARONI 1880 the Additional Term pursuant to Article 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) MOLARONI 1880 has expressly refused to deliver the Products;
b) compliance with the delivery term indicated during the purchase process must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed MOLARONI 1880, before the conclusion of the contract, that delivery by or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, the user is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Termination of Contract in Excluded Cases").
The indication of the Additional Term pursuant to Article 61, paragraph III, Consumer Code and the communication of Termination of Contract pursuant to Article 61, paragraph III, Consumer Code or Termination of Contract in Excluded Cases must be communicated by the user to MOLARONI 1880 at the addresses indicated in Article 15 below.
In the event of Termination of Contract pursuant to Article 61, paragraph III, Consumer Code or Termination in Excluded Cases, MOLARONI 1880 will reimburse the user the Total Amount Due without undue delay. The reimbursement will take place using the methods set out in Article 10.16 below.
If the user does not proceed with setting the Additional Term pursuant to Article 61, paragraph III, Consumer Code or, if the conditions are met, with the Termination of Contract pursuant to Article 61, paragraph III, Consumer Code or the Termination of Contract in Excluded Cases, without prejudice to the possibility for the user to avail themselves at any time of these remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, MOLARONI 1880 undertakes to:
aa) promptly notify the user by e-mail of the delay in delivery ("Unavailable Product and Late Delivery Notification Email"), simultaneously indicating the new delivery date, if available ("New Delivery Date");
bb) in case of delivery with a delay between 1 and 10 working days compared to the New Delivery Date, reimburse the user for delivery costs, if already paid, within 10 working days from the expiry of the New Delivery Date or not request payment, if not yet paid;
cc) in case of delivery with a delay between 11 and 20 working days compared to the New Delivery Date, allow the user who requests it to refuse delivery and terminate the contract, with consequent reimbursement of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not want to terminate the contract, reimburse the user for delivery costs, if already paid, within 10 working days from the request or not request payment, if not yet paid;
dd) in case of delivery delay exceeding 20 working days compared to the New Delivery Date or, in any case, 60 days compared to the original delivery date, offer the user, in addition to the provisions of Article 10.12 cc) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and with the express consent of the user.
10.13 Late Delivery of Multiple Orders. In the case of Multiple Orders that include Products to be delivered separately, the provision of Article 10.12 above will apply independently to each delivery. With respect to each delivery and therefore, limited to the Products subject to it, the user may proceed to set the Additional Term pursuant to Article 61, paragraph III, Consumer Code and to the Termination pursuant to Article 61, paragraph III, Consumer Code or to the Termination in Excluded Cases, if the respective conditions are met. In this case, MOLARONI 1880 will reimburse the user the Partial Amount Due without undue delay. The reimbursement will take place using the methods set out in Article 10.16 below.
If the user does not proceed with setting the Additional Term pursuant to Article 61, paragraph III, Consumer Code or, if the conditions are met, with the Termination of Contract pursuant to Article 61, paragraphIII, Consumer Code, or the Termination of the Contract in Excluded Cases, in relation to the single delivery and the relative Products, without prejudice to the user's right to avail themselves of such remedies and/or the ordinary means of protection provided by law at any time and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, MOLARONI 1880 undertakes to:
a) promptly send the user the Product Unavailable and Delivery Delay Email Notification, simultaneously indicating the New Delivery Term, if available;
b) in the event of delivery of one of the Products covered by the Multiple Order with a delay of between 1 and 10 working days compared to the New Delivery Term, reimburse the user for delivery costs, if already paid, calculated as indicated in article 10.4 above, within ten working days from the expiry of the New Delivery Term or not request payment thereof, if not yet paid;
c) in the event of delivery of one of the Products covered by the Multiple Order with a delay of between 11 and 20 working days compared to the New Delivery Term, allow the user who requests it to refuse delivery and partially terminate the contract limited to and with exclusive reference to the Product covered by the Multiple Order delivered late, with consequent reimbursement - immediately and, in any case, within 10 working days from the request for partial termination of the contract - only of the amount paid by the user in relation to that specific Product, including delivery costs, calculated as indicated in article 10.4 above, or, alternatively, if the user does not wish to partially terminate the contract, reimburse the user - within ten working days from the request - for delivery costs, if already paid, calculated as indicated in article 10.4 above or not request payment thereof, if not yet paid. The termination of the entire Multiple Order will only be possible in the case of evident and proven ancillary nature of the Products covered by the Multiple Order delivered late or not delivered compared to the other Products covered by the Multiple Order delivered promptly or still to be delivered;
d) in the event of a delay in the delivery of one of the Products covered by the Multiple Order exceeding 20 working days compared to the New Delivery Term or, in any case, 60 days compared to the original delivery term, offer the user, in addition to what is provided for in article 10.13 c) above, the supply of a different Product of equivalent or higher value, upon payment, in the latter case, of the difference and with the express consent of the user.
10.14 In the event of failure to send the Product Unavailable and Delivery Delay Email Notification or failure to set the New Delivery Term therein, all the terms referred to in articles 10.12 bb), cc) and dd) and 10.13 b), c) and d) above will start from the original delivery term.
10.15 The acceptance of the New Delivery Term and in the cases referred to in articles 10.12 cc) and dd) and 10.13 c) and d) the user's choice must be promptly communicated to MOLARONI 1880 by e-mail to the address referred to in article 15 below.
10.16 In all cases referred to in articles 10.12 and 10.13 above where a refund is due to the user, the refund amount will be communicated to the user by e-mail. It will be credited to the same payment method used by the user for the purchase. In the case of payment by bank transfer, MOLARONI 1880 will ask the user for the bank details necessary for the refund. Any delays may depend on the banking institution, the type of credit card used or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit date.

11. RIGHT OF WITHDRAWAL
11.1 Terms. The user who qualifies as a consumer has the right to withdraw from the product purchase contract, without giving any reason and without incurring costs other than those provided for in article 11.7 below, within 14 calendar days.
The withdrawal period ("Withdrawal Period") expires after 14 days:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product.
11.2 How to exercise the right of withdrawal. To exercise the right of withdrawal, the user must inform MOLARONI 1880 of their decision to withdraw before the expiry of the Withdrawal Period.
11.3 How to submit the request. For this purpose, the user can:
a) use the withdrawal form made available on the Website, in the "Returns" section ("Withdrawal Form");
b) or submit any other explicit statement of their decision to withdraw from the contract ("Declaration of Withdrawal").
11.4 The user has exercised their right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the Withdrawal Period. In the event that the user uses the Declaration of Withdrawal, the consumer is invited to indicate in the Declaration of Withdrawal the order number, the Product(s) for which they intend to exercise the right of withdrawal and their address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium when communicating their withdrawal to MOLARONI 1880.
11.5 Product Returns. The user must then return the Products to MOLARONI 1880, without undue delay and in any case within 14 calendar days from the date on which they communicated their decision to withdraw to MOLARONI 1880. The deadline is met if the user sends back the Products before the expiry of the fourteen-day period. For the return, the user must follow the procedure indicated in article 11.6 below, as well as follow the instructions on withdrawal, which also contain information on the exercise of the right of withdrawal, and are made available to the user in the "Returns" section of the Website.
For the purpose of the expiry of the return period, the Product is considered returned at the moment it is delivered to the courier appointed by MOLARONI 1880 according to the procedure referred to in article 11.6 (the date of collection is considered valid for proof).
11.6 Returns Procedure. After completing the Withdrawal Form (available in the section “Returns Procedure” of the Website) and agreeing via e-mail with MOLARONI 1880 on the date and place of collection of the package, within the period indicated in article 11.5 above, the user must return the Product, suitably protected and packaged in its original packaging, via UPS courier, attaching the return request made through the Withdrawal Form to the Product package to be returned. MOLARONI 1880 will then arrange with the courier for the collection of the goods at the address provided by the user. The return takes place under the responsibility of MOLARONI 1880.
The user will therefore not bear the risks of loss or damage to the Product during shipment, while damage and/or breakage due to handling other than that of normal diligence, carried out before redelivery to the courier, remain their complete responsibility.
The costs of returning the Product (varying according to the size of the item) will be borne by the user and will be withheld, as per article 11.7, from the value of the refund of the Total Amount Due.
The user (notwithstanding the obligation to communicate to MOLARONI 1880 the desire to withdraw from the contract and to complete the Withdrawal Form, as above) is however free to use any other carrier for the return, independently arranging with the latter for the collection and preparation of the necessary shipping documents. Following this procedure, the risks of loss or damage to the Product will remain with the user until the delivery of the package to the carrier and verification by MOLARONI 1880 of its integrity, but MOLARONI 1880 will not withhold the costs of returning the returned Product from the user.
11.7 Refunds and Withholdings. If the user withdraws from the contract, MOLARONI 1880 will refund the Total Amount Due paid by the user for the Product, including delivery costs (if incurred), without undue delay and in any case no later than 14 calendar days from the day on which MOLARONI 1880 was informed of the user's decision to withdraw from the contract, after verifying that the Product has not been damaged due to fault attributable to the user and retaining the amount of the return of the goods (if carried out through UPS courier) according to the following rule:
– for Orders, excluding shipping costs, with a value up to €150, a withholding of €20;
– for Orders, excluding shipping costs, with a value between €150 and €1,000, a withholding of €28;
– for Orders, excluding shipping costs, with a value exceeding €1,000, a withholding of €50.
The refund amount will be communicated via e-mail ("Re-credit Notification E-mail"); the refund will be made using the same payment method used by the user for the initial transaction (in the case of payment by bank transfer, MOLARONI 1880 will ask the user for the bank details necessary to make the refund), unless the user has expressly agreed otherwise; in any case, the user will not incur any cost as a consequence of such refund. The value date of the credit will be the same as the debit.
In the case of partial withdrawal from Multiple Orders, the quantification of the delivery costs to be returned to the user as a result of the exercise of the right of withdrawal will be carried out as indicated in article 10.4 above.
11.8 Responsibility and Decrease in Product Value. The user is solely responsible for the decrease in the value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction sheets, intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.9 In the event that the withdrawal has not been exercised in accordance with the applicable regulations, it will not lead to the termination of the contract and, consequently, will not entitle to any refund. MOLARONI 1880 will notify the user within 5 working days of receipt of the Product, rejecting the withdrawal request. If the Product has already reached MOLARONI 1880, it will remain with the latter at the user's disposal for collection, which must take place at the user's expense and under their responsibility within a maximum of 90 days.
11.10 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. MOLARONI 1880 will notify the user of this circumstance and the consequent reduced refund amount within 5 working days of receipt of the Product.
11.11 Exclusion of the right of withdrawal. Custom Products. In the event that, due to one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be provided during the purchase process, before the user proceeds with the transmission of the order. This is the case for Custom Products, where, according to article 59 of Legislative Decree no. 21 of 21 February 2014, the provisions on the right of withdrawal do not apply to personalized products made to the specific request and acceptance of the user.

12. LEGAL GUARANTEE OF CONFORMITY
12.1 All products sold on the Store are covered by the Legal Guarantee of Conformity ("Legal Guarantee") provided for by articles 128-135 of Legislative Decree no. 206/2005 ("Consumer Code").
12.2 Who it applies to. The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Store for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
12.3 When it applies. The seller (MOLARONI 1880) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that any defects in conformity that appear within two months of the delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect in conformity. From the third month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.
To benefit from the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of such proof, to keep the purchase invoice, which MOLARONI 1880 sends them, as well as the delivery note (DDT) or any other document that can attest to the date of purchase (for example, the credit card statement or bank statement) and the date of delivery.
12.4 What is a lack of conformity. There is a lack of conformity when the purchased good:
a) is not fit for the purposes for which goods of the same type are normally used;
b) does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
c) does not present the usual qualities and performance of goods of the same type that the consumer can reasonably expect, also taking into account statements made in advertising or in the product description;
d) is not fit for the particular use intended by the consumer and which was made known to the seller by the consumer at the time of concluding the contract and which the seller has accepted.
Therefore, any breakdowns, malfunctions or breakages caused by accidental events or by the user's responsibility, or by a use of the product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the product, are excluded from the scope of application of the Legal Guarantee.
12.5 Remedies available to the user. In the event of a duly reported lack of conformity within the terms, the user has the right:
a) primarily, to the free repair or replacement of the good, at their choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
b) secondarily (i.e., if repair or replacement is impossible or excessively onerous, or if repair or replacement has not been carried out within reasonable terms, or if the previously performed repair or replacement has caused considerable inconvenience to the consumer) to a reduction in price or termination of the contract, at their choice.
The requested remedy is excessively onerous if it imposes unreasonable costs on the seller compared to alternative remedies that can be adopted, taking into account:
aa) the value that the good would have if there were no lack of conformity;
bb) the extent of the lack of conformity;
cc) the possibility that the alternative remedy can be adopted without considerable inconvenience to the consumer.
12.6 What to do in the presence of a lack of conformity. In the event that a product purchased on the Store, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user can contact MOLARONI 1880 by sending an email, to the addresses indicated in article 15, with photographs and a description of the problems encountered.
MOLARONI 1880 will promptly respond to the communication, indicating to the user what subsequent steps they should take.
The Product for which the user complains of a lack of conformity must eventually be sent to MOLARONI 1880, which will verify the existence or otherwise of the complained defect, to the following address:

MOLARONI 1880 srl
VIA LUCA DELLA ROBBIA 9/11,
61121 PESARO (PU) – ITALY

To return the Product for which the user complains of a lack of conformity, MOLARONI 1880 makes available to the user, at the latter's discretion, without prejudice to the right to carry out the return with a carrier of the user's choice, the procedure via UPS courier. The user may use the procedure indicated in article 11.6 for this purpose.
MOLARONI 1880 reserves the right to ask the user to attach to their request the purchase invoice and/or the delivery note or other document proving the date of purchase and the date of delivery.

13. FLASH SALES
MOLARONI 1880 may organize Event Sales or Flash Sales. These sales will have a predetermined and limited duration, which will be clearly indicated on the Website, and may be reserved for certain categories of registered users of the Store who will be notified of the start of the sale by a specific invitation email ("Invitation Email") with specific temporary access credentials. Any special conditions applicable to such sales and the access credentials will be indicated in the invitation email.

14. APPLICABLE LAW
14.1 The purchase contract concluded on the Store is governed by Italian law.
14.2 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of Pesaro shall have jurisdiction.

15. CUSTOMER SERVICE AND COMPLAINTS
Information, communications, assistance requests or complaints can be submitted by contacting MOLARONI 1880 in the following ways:
a) via e-mail, to info@molaroni.com;
b) by filling in and sending the contact request form, available in the "Contacts" section of the Website;
c) for customized Products, using the Customized Item Request Form available in the "Customized Items" section or by clicking on the "Customized Items" icon on the Collections page or on the Product Sheet of each Product;
d) by calling +39.0721.33181 (Monday to Saturday, from 9:00 to 12:30 and from 16:00 to 19:30, excluding holidays);
e) by post, writing to MOLARONI 1880 srl, Via Luca della Robbia, 9/11, 61121 (PU) Pesaro – ITALY.

MOLARONI 1880 will respond to complaints submitted within five working days of receipt, via e-mail.

PRIVACY

The website www.molaroni.com (the “Website”) is owned by MOLARONI 1880 srl, with registered office in Italy, Via Luca della Robbia 9/11, 61121 Pesaro (PU) (“MOLARONI 1880” and/or the “Company”).
The Website Store, where MOLARONI 1880 branded products can be purchased online (the "E-Commerce Service"), is located at molaroni.com/collections (the "Store").

In order to allow the user to register on the Website, which will allow them to access reserved services, including the E-Commerce Service, MOLARONI 1880 will process their personal data, in accordance with the provisions of Legislative Decree 30 June 2003, n. 196 ("Privacy Code").
To register on the Website, the user must provide the following personal data: First Name, Last Name and e-mail address. A Password will also be required.
MOLARONI 1880 will process the personal data provided by the user upon registration on the Website as the data controller (the "Data Controller").
Our priority is to ensure the security and confidentiality of user data.
We consider all personal data strictly confidential and undertake not to disclose or transfer the information in our possession to third parties for promotional purposes. Although not mandatory, failure to provide user data for the purposes specified below may result in the inability to provide, in whole or in part, the services requested by the user.

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This information notice is intended for all individuals who interact with the Website, and in particular:
– for those who browse the Website without registering;
– for those who register on the Website and use the services provided through the Website, including the E-Commerce Service.

This information notice is not provided for other websites that may be consulted by the user through links contained on the Website. MOLARONI 1880 will not be responsible in any way for any unlawful processing of user data carried out by third parties.
This information notice is provided pursuant to Article 13 of the Privacy Code, as well as in accordance with Recommendation no. 2/2001 that the European Data Protection Authorities, gathered in the Group established by Article 29 of Directive no. 95/46/EC, adopted on 17 May 2001 to identify some minimum requirements for the collection of personal data online in the European Union.

BROWSING
It is possible to access the Website and the Store without providing any personal data. However, the computer systems and software procedures used to operate the Website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.
This information is not collected to be associated with identified interested parties, but by its very nature could, through processing or association, allow the identification of the user.
This category includes IP addresses or domain names of the computers used by users who access the Website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, etc.
This data is used only to obtain anonymous statistical information on the use of the Website (such as, in particular, the number of accesses) and to check its correct functioning and is deleted immediately after processing. This process does not involve the processing of directly identifying information.
The use of so-called session cookies (which are not permanently stored on the user's computer and disappear when the browser is closed) is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary to allow secure and efficient exploration of the Website.

REGISTRATION
The information and data requested upon registration on the Website will be used to allow access to reserved services, including the E-Commerce Service.

ORDERS
If, after registering on the Website, the user intends to make an online purchase, they must send a purchase order to MOLARONI 1880.
For this purpose, they will have to provide MOLARONI 1880 with some personal data, in addition to the data already provided at the time of registration, necessary to fulfill the purchase contract (including address and telephone number). In addition, some data will be recorded, such as the IP address from which the transaction originated, the time of the request, the type of browser used, etc. This data may be used to ascertain responsibility in the event of hypothetical computer crimes, at the instigation of the competent investigating authorities in accordance with the law.

MARKETING
With the user's consent, MOLARONI 1880 may independently process the personal data provided by the user in order to send them advertising material related to its own or third-party products or services.

PROFILING
The personal data provided by the user when making a purchase on the Store may be processed, with their consent, exclusively for profiling purposes, i.e. for the analysis of consumption choices through the detection of the type and frequency of purchases made by them, in order to send them advertising material from MOLARONI 1880 or third parties of specific interest to them.

SOFT SPAMMING
MOLARONI 1880 may use, for direct sales of its own products or services, the email addresses provided by the user in the context of the purchase of a product or service from the Store, even without your consent, based on art. 130, paragraph four of the Privacy Code, provided that these are products or services similar to those subject to the sale (so-called soft spamming). You may, however, refuse this processing at any time by communicating your opposition to MOLARONI 1880 in the manner indicated in art. 5 below.

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Given the above, in compliance with the provisions of the Privacy Code, we hereby inform the user that MOLARONI 1880 will process their personal data under the following conditions.

Art. 1 – Purpose of processing
The processing of personal data is exclusively aimed at achieving the following purposes:
1) to allow registration on the Website, the management of the user's registration credentials and for the administrative and legal obligations connected thereto;
2) if the user intends to use the E-Commerce Service provided by MOLARONI 1880:
2a) to allow the correct execution, by the latter, of the operations connected to online purchase and, therefore, to allow the same to correctly and promptly fulfill all obligations deriving from the contractual relationship, as well as for the administrative and legal obligations connected thereto;
2b) limited to the email addresses provided by the user in the context of the purchase of a product or service from the Store, to allow the direct sale of similar products or services (so-called soft spamming), provided that the user does not object to such processing.
3) with prior consent, for registration in mailing lists maintained by MOLARONI 1880, for sending advertising and informative material on its own or third-party products or services, as well as for carrying out market research by MOLARONI 1880, as Data Controller, also for the purpose of detecting the degree of customer satisfaction (so-called customer satisfaction), by means of automated systems, such as email, SMS or MMS;
4) with prior consent, for the offer, by MOLARONI 1880, as Data Controller, of promotions, discounts, benefits and other services, as well as the sending of commercial or promotional information and free products, participation in events, market research and the reporting of all special initiatives concerning MOLARONI 1880 or third-party products by means of automated systems, such as email, SMS or MMS;
5) with prior consent, for the processing by MOLARONI 1880, as Data Controller, of the personal data provided by the user when purchasing on the Store, for the analysis of their consumption choices (so-called "profiling"), through the detection of the type and frequency of purchases made online by the user, also in order to better serve them in the event of future purchases at one of the MOLARONI 1880 stores and to pursue the purposes referred to in point 4) above;
6) for statistical and historical purposes.

Art. 2 – Provision of data and consequences in case of refusal to consent to processing
The provision of data for the purposes referred to in points 1) and 2) of Art. 1 above is purely optional. However, since such processing is necessary to allow registration on the Website and the provision of reserved services, including the E-Commerce Service, any refusal by the user to provide the data in question will make it impossible to register and make purchases through it.
Furthermore, if, after registering on the Website, the user intends to conclude an online purchase operation, they will have to provide MOLARONI 1880 with some additional personal data compared to those already provided at the time of registration and, in particular, those relating to the delivery address, billing, the payment method and the data of the chosen payment instrument.
The processing of such personal data is necessary to complete the purchase; therefore, failure to provide them will make it impossible to complete a purchase on the Store.
If the user chooses a credit card as a payment instrument, they will be asked for the credit card details they intend to use. This data will not be processed by MOLARONI 1880 in any way, but only by the payment service provider.

With reference to the processing purposes referred to in points 2b), 3) and 4) of Art. 1 above, consent to the processing of user data is purely optional. Failure to consent will not have any consequences on the possibility of registering on the Website and/or making purchases on it.
Failure to consent will exclusively imply the consequences described below:
1) failure to consent to the processing of data for the purposes referred to in Art. 1, point 3) above, will make it impossible to receive informative and advertising material, brochures and informative communications from MOLARONI 1880 relating to its own or third-party products and services;
2) failure to consent to the processing of data for the purposes referred to in Art. 1, point 4) above, will make it impossible to receive from MOLARONI 1880 promotions, discounts, benefits and other services, commercial or promotional information and free products, invitations to events, as well as the impossibility for MOLARONI 1880 to carry out market research and report all special initiatives concerning MOLARONI 1880 or third-party products;
3) failure to consent to the processing of user personal data for the purposes referred to in Art. 1, point 5) above, will make it impossible for MOLARONI 1880 to acquire such data for the analysis of their consumption choices (so-called "profiling"), through the detection of the type and frequency of purchases made online, also in order to better serve them in the event of future purchases at one of the MOLARONI 1880 stores and to pursue the purposes referred to in Art. 1, point 4) above;

We also point out that the consent given by the user to the processing of their personal data for one or more of the purposes referred to in Art. 1, points 3), 4) and 5) above may be revoked at any time, by modifying it at the time of each new login to their Account on the Website, or by contacting the Data Controller at the address indicated in Art. 5 below.
Furthermore, with regard to the processing consisting of sending advertising information material, brochures and informative communications by MOLARONI 1880, we point out that the user may revoke their consent by clicking on the appropriate "Unsubscribe" box which will be at the bottom of each communication containing advertising or informative information that will be sent to them.

Art. 3 – Processing methods
The processing of your personal data will be carried out mainly with the aid of electronic or automated means, according to methods and with tools suitable to guarantee the security and confidentiality of the data, in compliance with the provisions of the Privacy Code. In particular, all technical, IT, organizational, logistical and procedural security measures will be adopted, so as to guarantee the minimum level of data protection required by law, allowing access only to persons authorized to process data by the Data Controller or by the managers designated by the Data Controller.
The acquired information and the processing methods will be relevant and not excessive with respect to the type of services rendered.
The data will also be managed and protected in environments whose access is under constant control.

Art. 4 – Communication and dissemination of data
The personal data provided by the user will be communicated:
1) for the purposes referred to in points 1) and 3) of Art. 1 above, to the employees or collaborators of the Data Controller, as data processors;
2) for the pursuit of the purposes referred to in points 4) and 5) of Art. 1 above - and, in particular, to ensure the constant accuracy and updating of user data in the event of any future relationship with MOLARONI 1880 - to the employees and collaborators (including service providers such as couriers, freight forwarders, data entry companies, etc.) of MOLARONI 1880, as data processors and to the commercial partners of MOLARONI 1880 as external data processors, and to the managers of MOLARONI 1880 stores, as data processors, located in Italy or abroad (including outside the EU);

The personal data provided by the user may also be communicated to:
a) all those entities (including Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions;
b) post offices, companies or third parties in charge of printing, enveloping, shipping and/or delivery services for products purchased on the Store;
c) companies, consultants or professionals who may be appointed for the installation, maintenance, updating and, in general, the management of MOLARONI 1880's hardware and software;
d) companies or Internet providers in charge of sending documentation and/or informative material;
e) all public and/or private entities, individuals and/or legal entities (legal, administrative and tax consulting firms, Judicial Offices, Chambers of Commerce, Chambers and Labor Offices, etc.), if the communication is necessary or functional to the proper fulfillment of the contractual obligations assumed, as well as the obligations deriving from the law.

The personal data provided by the user will not be disseminated, except in anonymous and aggregated form, for statistical or research purposes.
The updated list of data processors and persons in charge of processing is available at the Data Controller's office.

Art. 5 – Data Controller and Data Processor
The Data Controller is MOLARONI 1880 srl with registered office in Via Luca della Robbia 9/11, 61121 Pesaro (PU).
In relation to the personal data provided upon registration on the Website, the user may send all requests and inquiries relating to the processing of their data to the following address:

MOLARONI 1880
Via Luca della Robbia 9/11
61121 Pesaro (PU)
Tel. +39 0721 33181
Email: info@molaroni.com

In relation to the personal data provided when making a purchase on the Store, the user may send all instances and requests relating to the processing of such data to MOLARONI 1880, at the address indicated above.
Finally, you may send all instances and requests relating to the processing of personal data to MOLARONI 1880:
1) for the marketing purposes referred to in points 3) and 4) of Article 1 above;
2) with reference to the purpose referred to in point 5) of Article 1 above for the analysis of your consumption choices (so-called "profiling"), through the detection of the type and frequency of purchases made online.

Art. 6 – Retention of personal data
The personal data concerning the user will be kept only for the time necessary to ensure the correct provision of the services offered.
In the event of cancellation or disabling due to non-use of the Account on the Website, the user's data will be kept for administrative purposes for a period not exceeding three months, without prejudice to any specific legal obligations regarding the retention of accounting documentation or for public safety purposes. In these cases, the automatic deletion of data will also be guaranteed by third parties to whom they may have been communicated.
In any case, it is understood that personal data will be stored and processed for the purpose of verifying consumption habits and for marketing purposes for the period of time allowed by law and by the provisions of the Guarantor for the Protection of Personal Data.
After this period, the data will be transformed into an anonymous form, so as not to allow, even indirectly, the identification of the user.

Art. 7 – Right to access personal data
Pursuant to Art. 7 of the Privacy Code, the user has the right, among other things, to:
1) obtain confirmation of the existence or non-existence of personal data concerning him/her and their communication in an intelligible form;
2) obtain, from the Data Controller:
2a) information on the origin of personal data, on the purposes and methods of processing, on the logic applied in case of processing carried out with the aid of electronic instruments;
2b) indication of the identification details of the Data Controller;
2c) indication of the subjects or categories of subjects to whom the data may be communicated or who may become aware of them as designated representatives in the territory of the state, as data processors or persons in charge;
3) obtain:
3a) the updating, rectification or integration of data concerning him/her;
3b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is necessary in relation to the purposes for which the data were collected or subsequently processed;
3c) certification that the operations referred to in the preceding points have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right;
4) oppose, in whole or in part:
4a) for legitimate reasons, the processing of data concerning him/her, even if pertinent to the purpose of the collection;
4b) the processing of personal data concerning him/her, provided for the purposes of commercial information or sending advertising material or direct sales or for carrying out market research or commercial communication.

The above rights may be exercised by requesting the Data Controller via registered letter, or by e-mail at the addresses listed above (Art. 5)