Terms & Conditions
1. Scope
These General Terms and Conditions of Business apply to all orders and deliveries between Janus di Ivano Giani Viale Milano, 177 21013 Gallarate VA - Italia, (hereinafter: Janus Mercerie) and its customers via the online shop www merceriaonline.eu
2. Order process, entering into a contract
2.1. Order process
By clicking on the products or product descriptions, the customer navigates to the product details, .e.g. details regarding the product design, size or flavour. The product is placed in the virtual shopping basket by entering the requested quantity and clicking on the shopping basket icon.
By clicking on the "shopping basket" button, displayed in the top right-hand corner of the online shop, the customer navigates to an overview page and at any time can check the goods in the virtual shopping basket and, where necessary, make changes.
If a customer does not wish to purchase additional goods, they can continue via the "To order/checkout" button. Registered customers can enter their user names and passwords here to automatically use their saved information for the order. Alternatively, the customer can register as a new customer and set up a customer account or continue the purchase without setting up a customer account. In such a case, the customer must enter their address and invoice information on the following page.
The order is entered into by clicking on the "CONFIRM ORDER" button. This means a binding offer has been made.
2.2. Entering into a contract
The images of the range in the online shop are intended as an illustration and do not constitute binding offers for sale. By completing the order process by clicking on the "CONFIRM ORDER" button the customer makes a binding offer to enter into a purchase contract. The customer thereupon receives an automated confirmation of receipt of order by e-mail (order confirmation). This order confirmation does not constitute acceptance of the offer. The contract with Janus Mercerie is only concluded when Janus Mercerie sends the ordered product to the customer and the shipping to the customer is confirmed by e-mail (shipping confirmation).
3. Prices and shipping charges
3.1. Prices
All prices contain the statutory VAT and other price elements, and are to be understood plus shipping costs that may apply. We do not sell to business so we do not issue VAT receipts, not do we refund the VAT.
3.2. Shipping charges
To have details on shipping charges read the shipping charges pages
4. Dispatch and delivery
Unless stated otherwise in the offer, the delivery period is 3 to 5 working days after dispatch. Information about delivery and shipping conditions is available here.
In the event that some of the ordered products are not in stock, Janus Mercerie shall be entitled to provide partial deliveries at its cost provided this is acceptable for the customer.
In the event that Janus Mercerie is unable to deliver the ordered product because Janus Mercerie itself is not supplied by its own suppliers, without culpability on the part of Janus Mercerie, Janus Mercerie may withdraw from the contract. In such a case, Janus Mercerie shall inform the customer without delay and propose a comparable product. If a comparable product is not available, or if the customer does not wish to have that product delivered, Janus Mercerie shall, without delay, reimburse payments made by the customer. Deliveries are free of customs duties within the EU. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the customer.
In the event that supplied products are damaged en route, the Janus Mercerie customer service is to be contacted, where possible, without delay. As a result, Janus Mercerie shall have the option of lodging a complaint with the carrier or transport insurer regarding the damage. If the customer fails to provide notification of transport damage, this shall not have any effect whatsoever on the customer's statutory guarantee rights.
5. Retention of title
The goods shall remain the property of Janus Mercerie up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by Janus Mercerie.
6. Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor self-employed professional activity. The following regulations apply to the cancellation right and the excluding of the cancellation right. If customers have any further questions about cancellations, they can contact the Janus Mercerie Customer Service - info@janusmercerie.com.
6.1. The exercise of the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by e-mail). You may use the online model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send by mail your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Sample of the model withdrawal form
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date
(*) Delete as appropriate.
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to:
Janus Mercerie Viale Milano, 177 21013 Gallarate VA - Italia
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
6.2. Exclusion of the right of withdrawal
The right of withdrawal does not apply in the event of delivery of goods:
• that are not pre-produced and an individual selection or determination by the consumer is authoritative for their manufacture or goods that are clearly geared towards the consumer's personal requirements;
• goods that may perish quickly or goods whose sell-by-date would quickly run out,
good that are cut for the customer,
• that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
• that were post-delivery inseparably mixed with other goods, • the supply of audio or video recordings or computer software which have been opened by a consumer;
• the supply of newspapers, periodicals and magazines (including books and charts);
7. Guarantee and liability
The statutory guarantee provisions apply.
8. Payment methods and credit notes
Payment for goods is to be made by Credit card, Paypal, Satispay, Bank transfer. Unfortunately, we cannot accept payment sent in the form of cash or cheques and are not responsible for loss.
Your credit or debit card will not be charged until your goods leave our warehouse. In the case of possible returns the amount paid will be refunded. Should your credit card have insufficient credit we reserve the right to invoice you for the costs incurred in making requests for payment.
9. Data protection
Janus Mercerie takes the protection of its customers' data very seriously. The Janus Mercerie data protection declaration can be viewed here.
10. Governing Law
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr/main/?event=main.home.show.
11. Final provision
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. Italian law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).