Legal
General Terms and Conditions of Use
1. Binding terms and conditions of use
These General Terms and Conditions of Use govern the access to and use of the website morellatostore.com.au that is owned and managed by Morellato., with registered office in P.O Box 99 Berala NSW 2141, enrolled in the Companies' Register of New South Wales under the registration No BN98139735.
2. Intellectual Property Rights
2.1. All morellatostore.com au contents, including but not limited to, works, images, pictures, music, sounds, videos, documents, drawings, figures, logos and any other material posted on morellatostore.com au in any format, including menus, web pages, graphics, colours, schemes, tools, fonts, design of the web site, diagrams, layouts and software which are part of morellatostore.com.au, are protected by copyright and by any other intellectual property right of Morellato Australia and of the relevant right-holders. The reproduction, wholly or in part, in any form whatsoever, of morellatostore.com.au and of its contents is not allowed without Morellato Australia's written consent. You are only authorised to carry out all the other temporary acts of reproduction which are merely incidental and an integral and essential part of displaying morellatostore.com.au and its contents and which have no independent economic value. You are also authorised to surf on the Website for the lawful use of morellatostore.com.au and its contents.
3. Disclaimer and limitation of liability
3.1 MorellatoAustralia has made all efforts to ensure that the content of morellatostore.com au is accurate and does not contain any incorrect or out-of-date information. However, Morellato Australia cannot be held liable for the accuracy and completeness of the content posted on this Website, except for its liability for tort and gross negligence and as otherwise provided for by the law.
3.2. You will be liable for your use of morellatostore.com au and its contents. Morellato Australia shall not be liable for any use of the Website and its contents made by any of its users that is not compliant with the laws and regulations in force, without prejudice to MorellatoAustralia's liability for intentional torts and gross negligence.
3.3. Morellato Australia cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. Although Morellato Australia shall use its best efforts to ensure regular access to its web site, the dynamic nature of the Internet and web content may not allow morellatostore.com au to operate without any suspensions, interruptions or discontinuity due to updating the Website.
3.4. All users shall be provided with adequate antivirus and firewall systems. Morellato Australia shall not be considered liable for any damages arising from unavailability of the services provided on the Website or arising from virus, damaged files, errors, omissions, interruption of the service, cancellation of contents, networking, provider or telephonic problems, non authorized accesses, alteration of data, break out of users electronic devices.
3.5. You will be liable for the safe keeping and for the correct use of your personal information, including credentials to access reserved services and also for damages suffered by Morellato Australia or by any third party as a consequence of inappropriate use, swiping or loss of such information.
4. Links to third party websites
This Website may contain links to third party websites, which are in no way connected to morellatostore.com or Morellato Australia (the "Third Party Websites"). Morellato Australia does not control or monitor such Third Party Websites or their contents. You agree that Morellato Australia is not responsible for any content, services and/or products provided by any Third Party Website, nor is Morellato Australia responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of their users.
5. Privacy Policy
For any information related to the process of your personal data, please read carefully the information notice published on this Website.
6. Amendments and updates
Morellato Australia may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update to the General Terms and Conditions of Use shall be binding as soon as they are published in this section of the Website. Therefore, you should regularly access this section on the web site in order to check the publication of the most recent and updated General Terms and Conditions of Use of morellatostore.com. If you do not agree to all or part of morellatostore.com General Terms and Conditions of Use, please do not use our Website.
7. Governing law
These General Terms and Conditions of Sale are governed by Australian laws.
8. Additional information
For any information you can also contact Morellato Australia by sending an e-mail to the following address sales@morellatostore.com.au
General Terms and conditions of sale
1. Summary of the main terms and conditions of sale
1.1. These General Terms and Conditions of Sale shall govern the offer and sale of Products, as herein after defined, on the web site http://www.morellatostore.com au carried out by Morellato with registered office in P.O Box 99 Berala NSW 2141, enrolled in the Companies' Register of New South Wales under the registration No BN98139735.
1.2. Please read carefully the entire General Terms and Conditions of Sale before placing your orders, as this is only a summary of the main terms and conditions of sale:
• CUSTOMERS: only adults, consumers (any individual who is acting for purposes which are outside his or her trade, business or profession).
• PRICE AND PRODUCTS IMAGES: prices are stated in Australian dollars and include GST. Shipping and delivery costs are excluded unless otherwise specified. The Products offered for sale on morellatostore.com au may not exactly correspond to the real items in terms of image and colours due to the Internet browser or monitor used.
• ORDERING PROCEDURE: to place an order for the purchase of one or more Products, you must fill in the online Order Form (to be considered as a contractual proposal) and send it electronically to the Vendor. The Order Form includes information on the ordered product, the relevant unit price, the methods of payment, the shipping terms and shipping costs. By submitting an Order Form to the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale.
• PROCESS OF THE ORDERS: upon submission of an Order Form, the Vendor shall send you a purchase order receipt or in the event orders cannot be processed the Vendor shall provide you with reasons thereof. Products will be despatched only upon registration of the payment and provided effective payment of the purchase price within 30 days from receipt of the Order Form. Products belonging to different classes purchased through a single Order Form, may be delivered at a different time.
• GUARANTEES: all Products available on morellatostore.com au are covered by a two years guarantee for defects in conformity appeared within two years from the date of delivery.
• RETURNS: you may return Products purchased from morellatostore.com, without any penalty and without specifying the reason, within fourteen (14) working days from the date of receipt of the Products purchased on morellatostore.com.au Terms and conditions for returns are set forth in paragraph 8.
• PERSONAL DATA: for any information concerning the process of your personal data please refer to our Privacy Policy section
For any information you can also contact the Vendor's Customer Care by e-mail at the following address sales@morellatostore.com.au
2. Scope
Products are offered for sale only to (a) consumers including any individual who is acting for purposes which are outside his or her trade, business or profession; (b) adults (pursuant to the laws of their respective Country)
3. Products information and price
The products available on the Website include watches, jewels, leather goods, writing instruments and similar (the Products). You will find Products specifications and information in the product description on morellatostore.com.au Prices are stated in Australian Dollar and include GST. Shipping and delivery costs are excluded unless otherwise specified. Morellato Australia may vary the prices listed on this Website. Please ensure that all pricing information on the Website is correct before placing an order.
4. Ordering procedures
4.1. To place an order for the purchase of one or more Products on morellatostore.com.au, you must select the relevant Products, fill in the online order form (to be considered as a contractual proposal), including the selected Products, methods of payment and your personal data for the delivery (the Order Form). Then you must follow the relevant instructions and send it electronically to the Vendor.
4.2. The Order Form is composed of a "personal detail" page including your address and additional personal information required for the delivery of the Products and of a second page in order to allow you to select the methods of payment (please refer to paragraph 9). The Order Form also includes the main features of each Product ordered and the relevant unit price (including GST), shipping terms and shipping costs.
Before submitting your Order Form for the purchase of Products, you will be asked to review the Order Form identify and correct possible input errors (and to print or save a copy of it) and also to carefully read and accept the General Terms and Conditions of Sale and the information notice for the process of your personal data.
4.3. The Order Form will be filed in our data base for the time required to process your order and as provided by law. You may access your Order Form on your personal page of the Website, section "my account".
4.4. An order shall be deemed submitted when the Vendor receives and accepts your Order Form electronically and the order's information has been verified as correct. The Vendor may not process purchases when (a) there are not sufficient guarantees of solvency, or orders are incomplete or incorrect, and/or (b) the Products are no longer available. In the above cases, Morellato Australia shall inform you by e-mail (in any case within thirty (30) days from the day after the Vendor has received your order) that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the price and delivery costs have been paid, the Vendor will refund the amount paid according to paragraph 5.
The contract shall be deemed as executed when Morellato Australia send you a purchase order receipt e-mail, containing a summary of the information related to the Order Form (General Terms and Conditions of Sale, the Products' main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
5. Payment
5.1. Before submitting the Order Form you will be required to select one of the following methods of payment:
a) Credit card (Visa and Mastercard).
5.4. In case of payment by credit card (Visa and Mastercard) all financial details (i.e. credit card number or expiration date) will be sent by encrypted protocol without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of Products and the relevant shipping costs, as indicated in the Order Form, will be charged to your current account when the purchased Products are actually shipped.
6. Despatch and delivery of Products
6.1. Products will be despatched to the address specified in the Order Form only upon registration of the payment and provided effective payment of the purchase price. Delivery to PO boxes will not be allowed. Without prejudice to paragraph 4.4. above, Morellato Australia shall despatch the Products no later than thirty (30) days from the day after the Vendor has received your order.
6.2. We ship to Australia and New Zealand only.
Delivery of Products in Australia shall take place within five (5) working days from the date of despatch, excluding saturdays, sundays and bank holidays. Delivery in New Zealand shall take place within ten (10) days form the date of despatch. Such terms shall not be binding and in no event Morellato Australia shall be liable for delays not attributable to Morellato Australia's conduct.
6.3. If you decide to purchase Products belonging to different classes by submitting to Morellato Australia a single Order Form, you should be aware that each Product may be delivered to you at a different time.
7. Quality of Products and defects in conformity guarantee.
7.1. On the Website we offer for sale only Morellato Australia Products. The Vendor does not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. User acknowledges that the Products offered for sale on morellatostore.com may not exactly correspond to the real items in terms of image and colours due to the Internet browser or monitor used.
7.2. All Products available on morellatostore.com au are covered by a two years guarantee for defects in conformity appeared within two years from the date of delivery.
In order to exercise such a guarantee in connection with watches, you shall contact one of our authorised resellers listed at the following page; returned products must be complete with their original packaging and accessories, invoice and warrantee form. However, any non-conformities in the watches must be previously notified to Morellato Australia within two months from the discovery according to the instructions included in the package.
You shall contact our customer care by sending an e-mail at the following address sales@morellatostore.com.au within two months from the discovery of the defects, in order to correctly exercise your rights.
In any case, non-conforming Products returned to Morellato Australia must be complete with their original packaging and accessories, invoice and warrantee form.
Morellato Australia reserves the right to verify the defect claimed by the customer and to perform repair or replacement only after first making inspection. Whenever, following such check by Morellato Australia , the defect is not considered to be a non-conformity defect. The Vendor reserves the right to charge the customer for the costs of verification, recovery and shipping costs.
8. Returns
8.1. You may return Products purchased from morellatostore.com.au, without any penalty and without specifying the reason, within ten working days from the date of receipt of the Products purchased on morellatostore.com.au.
To return Products we invite you to send an e-mail to sales@morellatostore.com.au before shipping your return package to us, in order to receive the return code. It is necessary to return the Products to the Vendor by giving them back to the courier within fourteen (14) working days from the date on which you have received the Products.
Please note that you will be responsible for all returning costs and charges and also for all risks for loss or damages of the Products.
8.2. The return right - besides compliance with the terms and procedures described at paragraph 8.1. above - shall be deemed correctly exercised once the following conditions have been fully met:
a) fill in and submit the Return Form within fourteen (14) working days from the receipt of the Products purchased on morellatostore.com au with registered letter addressed to Lindsays P.O Box 99 Berala NSW 2141 Australia The return right may be also exercised within the same time frame by sending an e-mail to sales@morellatostore.com.au and confirmed by registered letter to be sent within the following forty eight (48) hours;
b) the Products must not have been used, worn, washed or damaged;
c) the identification tag must still be attached to the Products with the disposable seal;
d) the Products must be returned, complete and unused, in their original packaging;
e) returned Products must be shipped back to the Vendor with a sole despatch within fourteen (14) working days from the date of receipt of the Products. Vendor shall not accept Products purchased with the same order returned and shipped back according to different despatches.
8.3. If the return right is exercised in compliance with the provisions set forth in this section, the Vendor shall refund the amounts paid for the returned Products. The Vendor shall refund amounts already paid as soon as possible and in any case within thirty (30) days from the date on which the Vendor becomes aware of your decision to exercise your return right. After having confirmed that the terms and conditions stated above have been duly complied with, the Vendor will promptly start the refund procedure as indicated in section 9.
8.4. In the event that your return does not comply with the terms and conditions set out in section 8 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to the Vendor; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the Vendor. If you do not wish to receive the products in the conditions in which they were sent back to the Vendor, the Vendor shall be entitled to keep the products and withhold the sums already received.
9. Refund Times and Procedures
9.1. After the Products have been returned, the Vendor shall check the conformity of the Products with the conditions indicated in paragraphs 8.1. and 8.2. above. When the Vendor is able to confirm that such conditions have been met, the Vendor shall send you an e-mail confirming the acceptance of the returned Products.
9.2. Whatever payment type you used, the refund procedure shall be started by the Vendor within thirty (30) days from when the Vendor was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned Products have been accepted.
9.3. If the recipient of the Products indicated in the Order Form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
10. Intellectual Property Rights
The "Morellato" trade mark as well as all trade marks, whether registered or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents ("Intellectual Property Rights"), which appear on the Products, Website, accessories or packaging, are and remain the exclusive property of Morellato. Any reproduction, whether complete or partial, modification or use of the Intellectual Property Rights, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
11. Force Major
Morellato shall not be bind by any contractual obligation and shall not be obliged to pay any indemnification in the event of force major events preventing Morellato from fulfilling its obligations under these General Terms and Conditions of Sale, including but not limited to insurrections, social disorders, telephone and internet breakdowns or damages to internet security and functionality, strikes and impossibility for Morellato to purchase the materials and Products from third parties.
12. Privacy
For any information concerning the process of your personal data please refer to our Privacy Policy section.
13. Governing Law
These General Terms and Conditions of Sale are governed by Australian law.
14. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on morellatostore.com.au Please visit this section of the Website on regular basis in order to check the publication of the most recent and updated General Terms and Conditions of Sale.