Terms and conditions

OVERVIEW

We are committed to your satisfaction first and foremost, and we want to help you have the best possible shopping experience. Throughout the site, the terms “we”, “us” and “our” refer to Villa di Milano. Villa di Milano offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

§ 1 General information

1.1 Villa di Milano offers in particular home furnishings, home appliances and bathroom fittings through its online shop under the domain www.villadimilano.com. The goods are all new. Villa di Milano only sells genuine products in original and unopened packaging directly from the manufacturers.

1.2 These Terms and Conditions apply for the entire business relationship between “Villa di Milano” and the customer.

1.3 Customers as defined in these conditions of sale are consumers as well as entrepreneurs.

1.3.1 A consumer is a natural person with whom business relations have been entered into and who acts for a purpose which can neither be attributed to their commercial nor to their independent self-employed activities.

1.3.2 Entrepreneur as defined in these Terms and Conditions is a natural person or legal entity or partnership with legal capacity with whom business relations have been entered into and who acts in their commercial or their independent self-employed capacity.

§ 2 Option to save and view contract texts

2.1 The Terms and Conditions can be viewed in the online shop on the detail page “Terms and Conditions” at all times, the link “Terms and Conditions” can be found at the bottom of the online shop. There is an option to save or print the Terms and Conditions.
A) By using the function in the internet browser, usually found under “File” and then in the dropdown menu, “Save As”.
B) By using the function in the internet browser, usually found under “File” and then in the dropdown menu, “Print” or by pressing “Ctrl+P” on the Keyboard.

3.1 The products and services listed within the online shop do not represent binding offers by “Villa di Milano”. On the contrary, the offers represent requests to the customer to submit a binding offer to “Villa di Milano”.

3.1.1 Pictures of products as well as drawings or illustrations are only to be understood as approximate product descriptions. The information in the acknowledgement of order is authoritative for the product characteristics. We take care in ensuring that all prices, product images and descriptions on this website are correct at the time of publishing. But occasionally there may be content that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.1.2 The products listed within the online shop, in particular electronic components and equipment, meet the requirements of the European market (voltage 230 volts; connections according to European standards).

3.2 With the order – whether by telephone, written or electronic – the customer firmly submits his contract offer. “Villa di Milano” shall confirm receipt of this order in the Internet vis-a-vis the customer without delay. To this extent, however, this does not represent acceptance of the order; this may, however, be combined with the declaration of acceptance.

3.3 “Villa di Milano” is entitled to accept the contract offer of the customer within three working days of receipt of said offer. Acceptance may be declared either by explicit notification or by delivery of the goods.

3.4 “Villa di Milano” accepts no procurement risk and reserves the right to release itself from its obligation to fulfil the contract in the event that “Villa di Milano” should not be supplied correctly or properly by outside suppliers. This is without prejudice to the liability of “Villa di Milano” for intent or negligence in accordance with the liability provisions of § 13 of these Terms and Conditions. In the event of the non-availability or only partial availability of the goods or services, “Villa di Milano” shall inform the customer without delay; in the event of withdrawal, the counter-performance shall be refunded to the customer without delay.

3.5 “Villa di Milano” ships products solely to customers in those countries which are expressly designated as countries of delivery in the “Villa di Milano” online shop. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

3.6 All products we sell only in customary quantities. This applies both to the order of a product in a single order as well as for multiple orders of the same product, which are delivered in close temporal association. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

§ 4 Returns & Refunds

All products sold are non-refundable or exchangeable due to high shipping cost, import taxes & customs formalities unless there is a manufacturing defect or transportation damage. If something arrives from us that looks damaged, or if parts are missing, please notify us right away. We will work to help you get needed replacements as quickly as possible at no extra charge. Through many years of experience, we have learned to package our products to withstand damage during shipping, avoid selling items easily damaged during shipping, and discontinue suppliers whose damage rate is too high.

§ 5 Damaged & Missing Parts

Write “Package Damaged” when you sign for delivery even if the package appears only slightly damaged. If the package appears significantly damaged, you may refuse delivery. Once we receive back that damaged package, we will send a new one. Please notify us if you refuse delivery, so we can anticipate that return.

If our product is assembled for you, make sure you closely inspect the product for any damage BEFORE boxes are discarded and before the delivery people leave. Again, if there is a problem, write it down before the delivery crew leaves.

If you accepted a package and then discover parts are missing or damaged, do not discard the packaging. Please contact us right away and we will ship you the replacement parts at no extra charge. Most carriers only let us file freight claims within 48 hours of delivery, so do not delay. If we cannot replace parts, we can have the carrier pick up the item and we will send a replacement once we have it back. Again, all returned products should be in the original packaging.

In the case of a manufacturer’s defect, we can replace the defective part, or if needed, the entire unit. We stand 100% behind our products and the manufacturers who produce them, and we will make every effort to resolve any problems.

§ 6 Prices, delivery and shipping costs

6.1 The prices listed within the online shop are final prices. For cross-border deliveries you are responsible to pay the applicable import taxes and duties.

6.2 Payable delivery and shipping costs are not included in the purchase price. For the dispatch of the goods within Europe as well as abroad, shipping costs are therefore payable; these are also to be borne by the buyer and depend on the concrete article description and the dispatch information contained therein, or further details concerning the calculation of these costs are specified by the online shop.

6.3 The shipping charges apply per order in one complete delivery, unless otherwise agreed. Please note that additional charges for partial deliveries can occur. Goods exceeding 30 kg in weight or dimensional weight (calculated from the length, width and height of a package) can not be sent by normal parcel service and might incur surcharges for bulky goods. Shipping charges on all shipments (air and ground) will be determined by greater of the actual weight and dimensional weight of a package. Bulky goods are shipments that:

  • if cuboid, exceed the maximum dimensions of a normal parcel (120 x 60 x 60 cm, max. length 200 cm,
    max. combined length and girth (=L+2xB+2xH)=300 cm),
  • if roll-shaped, weigh more than 5 kg or exceed a length of 120 cm or a diameter of 15 cm or
  • have special packaging features (e.g. no cardboard packaging, wrapped in film or plastic, with protruding parts or uneven surfaces) = non stackable shipments.

Shipping of fragile and non stackable products results in stacking restrictions in common used transport equipment and most shipping companies levy an Additional Handling Surcharge for these shipments. Bulky goods, non stackable and other additional handling surcharges have to be borne by the customer.

§ 7 Terms of payment

7.1 Unless otherwise agreed, the customer can choose from among the payment methods designated in the online shop, including payment in advance via bank transfer, credit card or PayPal.

7.2 “Villa di Milano” reserves the right not to offer all payment methods. “Villa di Milano” also reserves the right to change the payment method, if the payment method chosen by the customer does not work.

§ 9 Terms of delivery and shipment

9.1.1 Unless otherwise specified, the goods shall be delivered against advance payment and by mail. The goods shall be dispatched at the latest seven working days after receipt of the goods at the “Villa di Milano” warehouse and after the purchase price plus shipping costs to be paid by the customer have been received by “Villa di Milano”.

9.1.2 The goods shall be placed in storage free of charge for max. 6 months. Thereafter, storage costs shall be charged.

9.2.1 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to him as soon as the shipment has been handed over to the person responsible for transportation.

9.2.2 With consumers, the risk of accidental loss and accidental deterioration of the goods in the event of mail-order purchase shall pass to the consumer when the goods are handed over to the consumer.

9.2.3 With respect to the assumption of risk, the terms are identical with those of handover if the customer defaults in accepting the delivery of goods.

9.3 The customer assures that he has given the correct and complete delivery address with his order. If additional shipment costs should be incurred on account of incorrect address data, for example if the shipment costs are incurred once more, these costs must be paid by the customer. The customer assures that reasonable access is available. The customer is responsible for checking prior to delivery that the ordered items will fit through doors and lifts in their respective packaging.

9.4 Unless otherwise specified, delivery shall be effected free kerbside.

§ 10 Retention of title

“Villa di Milano” shall retain ownership of the goods until full payment has been made. If the customer should be an entrepreneur, “Villa di Milano” shall retain ownership of the goods until all claims to which it is entitled against the buyer arising from the business relationship have been met.

§ 11 Warranty

11.1 If the customer is a consumer, he is entitled to subsequent performance if the goods are defective. This means that the consumer can choose between rectification of the defect or delivery of defect-free goods. “Villa di Milano” is entitled to reject the chosen type of subsequent performance if this is only possible at an unreasonable price.

11.2 If the customer is an entrepreneur, he must advise “Villa di Milano” of obvious defects within 14 days of receipt of the goods, otherwise no warranty claims can be accepted. Notice of defects must be given in text form, that is, it must be sent to “Villa di Milano” for example by letter, fax or e-mail. To meet the time limit, timely dispatch of the notice of defects is sufficient.

11.2.2 If the customer should be entitled to warranty claims, provided he is an entrepreneur, subsequent performance can be effected by rectification of the defect or through the delivery of new goods, at the discretion of “Villa di Milano”.

11.2.3 If and when the customer, regardless of whether consumer or entrepreneur, fails to realise, either through wilful intent or negligence, that the merchandise is in fact not defective or that the defect which has been determined cannot have occurred in an area under the control of “Villa di Milano” and nevertheless asserts rights under warranty, it is obligated to reimburse “Villa di Milano” for any and all costs incurred as a consequence of the unjustified request for remedy of defects.

11.3 The period of limitation for the rights of a consumer in the event of defects in new goods is one year from the delivery of the goods.

11.4 The products marketed by “Villa di Milano” should be installed only by suitably qualified companies, and not by unqualified persons. If the products are not installed and/or used correctly, no claims can be accepted from any (manufacturer’s) guarantee. No liability or warranty can be accepted for damage or defects resulting from incorrect installation and/or incorrect use of the sold products.

§ 12 Damage in transit

In the event of damage in transit, the customer shall support “Villa di Milano” to the best of his ability, if claims are to be asserted against the transportation company or transportation insurance company concerned.

12.1 If the (partial) loss or damage is not externally apparent, the customer must advise “Villa di Milano” of this within five days of delivery or the transportation company within seven days of delivery, in order to ensure that any claims against the transportation company are asserted in good time.

§ 13 Liability

13.1 In accordance with statutory provisions, “Villa di Milano” accepts unlimited liability for damage arising from injury to life, body or health resulting from intentional or negligent breach of duty as well as for other damage resulting from intentional or grossly negligent breach of duty or fraudulence. Furthermore, “Villa di Milano” accepts unlimited liability for damage covered by liability according to mandatory statutory provisions, for example the Product Liability Act, and in the event of the acceptance of guarantees.

13.2 For such damage, which is not covered by § 13.1 and which is caused by simple or slight negligence, “Villa di Milano” accepts liability insofar as this negligence concerns the violation of contractual obligations the fulfilment of which is necessary for the contract to be performed and which the customer can generally rely on to be complied with (so-called cardinal obligations). In this case, the liability of “Villa di Milano” is limited to typical contractual foreseeable damage.

13.3 In the event of slightly negligible violations of such contractual obligations, which are covered by neither § 13.1 nor § 13.2 (so-called minor contractual obligations), “Villa di Milano” accepts liability vis-a-vis consumers; this is limited to typical contractual foreseeable damage.

13.4 No further liability can be accepted. Reference is hereby made to the liability limitations of § 11.4.

§ 14 Notes on the Battery Act

Since normal and rechargeable batteries may be included in the shipments, “Villa di Milano” is obliged to inform customers of the following: Normal and rechargeable batteries must not be disposed of in normal household waste. Customers are required by law to return used normal and rechargeable batteries. Old batteries may contain hazardous substances which may cause damage to the environment or to health if not stored or disposed of properly. However, batteries also contain important raw materials such as for example iron, zinc, manganese or nickel, and can be recycled. After use, customers may return the batteries to “Villa di Milano” or return them free of charge in their immediate vicinity (e.g. to the trade or to municipal collection points or directly to “Villa di Milano”). Returning batteries to points of sale is restricted to standard household quantities as well as to those types of used batteries which the vendor has or had in his range of goods.

The sign with the crossed-out waste bin indicates that batteries must not be disposed of in household waste. Under this sign the additional symbols listed below can be found, with the following meanings:
Pb: battery contains lead,
Cd: battery contains cadmium,
Hg: battery contains mercury.

§ 15 Consumer Dispute Resolution

Villa di Milano does not take part in dispute settlement proceedings before a consumer arbitration board. Villa di Milano is not obligated to do so either.

§ 16 Final provisions

16.1 The relations between the parties to the contract are governed by the laws applicable in Italy.

16.2 The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.

16.3 If the customer is a businessman, a legal entity under public law or a separate estate under public law, the place of fulfilment and jurisdiction for all disputes arising from this contractual relationship is the business location of “Villa di Milano”. The same applies in the event that if the customer is an entrepreneur, he should have no general place of jurisdiction in Italy, or in the event that the normal place of residence at the time of the filing of a suit is unknown. In these cases, the sole place of jurisdiction for all disputes arising from this contractual relationship is also the business location of “Villa di Milano”. This does not affect the authorisation to call a court at a different statutory place of jurisdiction.