TERMS AND CONDITIONS OF SALE
This website www.moaconcept.com is owned by the company Fashiongate srl, with registered office in Via Antonio Meucci 19 - 50012 Bagno a Ripoli (FI), tax code 04178070274 and registered with the Florence Company Register.
The Shop Site www.moaconcept.com is dedicated to consumers, with the express exclusion of any professional Client.
Before each purchase, the Customer must carefully read the conditions listed below, keeping a copy on paper or digital media.
For the purposes of these conditions of sale, the following are meant:
- Product or Products: One or more of the products promoted and available for purchase / order on the website www.moaconcept.com;
- Customer: The user purchasing one or more Products available for purchase / order on the website www.moaconcept.com;
- Seller: Fashiongate srl, with headquarters in Via Antonio Meucci 19 - 50012 Bagno a Ripoli (FI) cf / p.iva 04178070274
- Site: the website www.moaconcept.com. The Seller is in no way responsible for the purchase of Products or services on other sites;
- Order: the order of the Product or Products, placed by the Customer on the Site.
1. Scope of application
Each purchase order via the internet is governed by these General Conditions of Sale, formulated in accordance with current legislation on contracts concluded outside business premises.
By submitting an Order, you declare that you have read, understood and accepted these General Conditions of Sale.
By placing an Order, the Customer declares: 1) to be a consumer in accordance with the provisions of art. 3 Legislative Decree 206/05; 2) to be of age; 3) that the data provided by the same for the execution of the Contract are correct and truthful; 4) to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions indicated in the purchase procedure.
The Seller reserves the right at any time to modify these General Conditions of Sale by publishing a new version on this Website. The conditions applicable to the individual Order are those published on the Site at the time the Order is placed.
The Customer can choose the Products available within the assortment proposed by the Site.
The Products selected by the user, through the "Add to Cart", Will appear to be included within a virtual cart, and will be viewable through the link"Cart"On the top bar on the right of the Site.
The Products chosen by the Customer will be displayed in the cart; by clicking on the "Checkout", The Site will initiate the procedure for entering the Order proposal in the Seller's system.
At this stage, the Customer will have the opportunity to view the quantities, final prices, contact details and any other relevant information, and to enter the personal and credit card data necessary to complete the purchase. The Order sent by the Customer through the Site must be complete in all its parts and does not bind the Seller until the latter sends a confirmation by e-mail. The Order Confirmation will contain a summary of the Products purchased, their prices, the date of delivery and the general and particular conditions applicable to the Order itself. The Seller reserves the right, at its discretion, to refuse the execution of some orders, in particular (but not limited to) in the case of unpaid previous and unpaid invoices. In the event of non-acceptance of the Order, for any reason, the Seller guarantees timely communication to the Customer (in any case within 30 days of the Order) by appropriate means.
The Products that can be purchased and / or ordered are those displayed on the Site, available at the time of the Order.
The Seller also reserves the right to change, by eliminating or adding Products, the choice of the Products displayed on the Site at its sole discretion.
The Seller cannot be held responsible for the temporary or definitive unavailability of one or more Products. In the event that it is not possible to execute the Order due to the unavailability of one or more Products, the Seller will inform the Customer in writing within 30 days. In any case, the sending of the Order request is valid as a prior acceptance by the Customer of even a partial delivery of the Order, limited to the Products available as part of those ordered. Obviously, no sum will be charged for unavailable Products and in the event that such unavailability emerges after payment, the Seller will promptly pay the sums paid in excess in this capacity by the Customer, unless the Product is subsequently available in stock and the Customer prefers to opt for a deferred delivery of the same.
The prices applicable for the Products ordered are those shown on the Site on the date of transmission of the Order and are to be considered VAT included. Any promotional offers relating to the Products displayed will be appropriately highlighted on the Site. Shipping costs are not included, which will be those indicated on the Site at the time the Order is placed and which will vary according to the place of delivery, weight / size of the package. , as well as the entity of the Order.
Any promotions relating to delivery costs will in any case be highlighted on the Site from time to time. The payment of any customs duties, taxes, duties and border charges will be the sole responsibility of the buyer. If the calculation of customs duties, taxes, duties and border charges cannot be made at the time of purchase, the relative payment will in any case remain the responsibility of the Customer. The Seller, therefore, cannot be held responsible for the failure to deliver the purchased Product, where the same is due to the failure to pay customs duties, taxes, duties and border charges.
At the time of submitting the Order proposal, the Customer will pay the relevant amount by credit card (among those indicated on the Site). Payment can be made using only one type of card that covers the full amount of the purchase. Credit card details will be encrypted during transactions for security reasons. The Seller reserves the right to request additional information from the Customer (e.g. landline telephone number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, the Seller reserves the right not to accept the Order. No electronic archive of the Seller will keep such data. In no case can the Seller therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment for products purchased on the Site. The issue of the invoice is subject to a specific request by the Customer made to time of the Order by filling in the appropriate field. Invoices will be issued exclusively in electronic format.
In case of non-acceptance of the Order, the Seller will promptly issue a full refund of the amounts advanced by the customers.
Unless otherwise agreed with the Customer, in the event of cancellation of the Order, both by the Customer and in the case of non-acceptance of the same by the Seller, the latter will simultaneously request the cancellation of the transaction and the release of the amount committed on the Credit Card. The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry date (24 days from the date of authorization). Once the transaction has been canceled, in no case can the Seller be held responsible for any direct or indirect damage caused by delay in the failure to release the amount committed by the banking system.
The Seller reserves the right to refuse or not execute Orders that provide for delivery to places not served by its carrier or in any case in territories not included among those served, without prejudice to the right to a refund of any amount already paid. For deliveries, the Seller will use personally selected carriers.
The Seller will not be responsible for failure or delay in delivery in the event that: (a) it is unable to make up for the unavailability of the Products, due to circumstances not subject to its control and (b) has promptly notified the Customer of such unavailability of the Products .
The Seller will not be responsible for the failure or delay in delivery due to force majeure, such as, by way of example, strikes, provisions of the Public Authority.
The Seller will promptly notify the Customer of the occurrence and absence of a force majeure event. If the cause of force majeure persists for a period exceeding thirty (30) days, each party will have the right to withdraw from the contract. In case of withdrawal pursuant to the aforementioned clause, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the refund of any amount already paid, as a price, for the Product object of the Order. , within thirty (30) days from sending the Order.
Unless otherwise specified on the Site or at the time of Order confirmation, the delivery times of the purchased Product (if available in stock) are 5 working days from the date of the Order (if the shipment is made in one of the countries belonging to the 'European Union) or 12 working days in case of international delivery. These delivery times must however be considered indicative and the Seller cannot in any case be held responsible for any delays.
By continuing to purchase and, consequently, by accepting the general terms and conditions of sale, the Customer waives any and all complaints, questions or requests relating to any delay in the delivery of the purchased Product.
7. Failure to deliver
If the customer is not available to collect the Product, the carrier may leave a notice with instructions to proceed with the return or collection of the Product shipped. The Customer releases the Seller from any liability arising from the failure to return or collect the Product, even if due to the failure to issue the notice or, in any case, to the negligence of the Customer.
In the event that the delivery is not successful due to a fact attributable to the Customer (or because it is not possible to deliver to the place indicated at the time of the Order confirmation, or if the Customer or the person appointed by him does not have a valid or large credit, or unable to pay by credit card) the Order will be considered canceled and as a penalty the Customer will be charged the cost of delivery and that of the Products that cannot be further marketed.
The right of withdrawal applies only to natural persons (consumers pursuant to Article 3, paragraph 1, letter a) of Legislative Decree 205/2006) who act for purposes that can be considered unrelated to their business. Therefore, purchases made by subjects with a VAT number (such as, for example, professionals, companies, retailers, etc.) are excluded from the right of withdrawal.
Pursuant to art. 52 Legislative Decree 206/2005 the Customer who is a consumer, as defined above, has the right to withdraw from the contract, even partially, without any penalty or increase in costs and without having to specify the reason provided that the withdrawal is communicated by registered letter A / R to the Seller, within 14 days from the day of receipt of the Products. This communication can also take place within the same email term email@example.com. This communication must specify the intention to withdraw from the purchase and the Product or Products for which the right of withdrawal is to be exercised, attaching a copy of the receipt or purchase invoice.
The Customer must return the Product at his own expense by sending it to the Seller without delay and in any case within 14 days of communicating his intention to withdraw from the contract.
If the withdrawal is exercised in accordance with the methods described, the Seller Srl will refund the Customer the sum paid for the purchase of the Product, less the delivery costs, within 14 days from the date on which it became aware of the exercise of the right. of withdrawal by the Customer.
The costs of returning the product will be borne by the customer.
Finally, it should be noted that, in accordance with the provisions of art. 59 of Legislative Decree 206/2005, the right of withdrawal is not allowed in the case of goods made to measure or personalized.
The return of those Products will not be accepted that are not in the same condition in which they were received, or that have been used beyond the simple opening of the Product.
In particular, the Customer loses the right of withdrawal if the returned goods (packaging - if not repairable - and its contents) are not intact, as well as in cases where the Seller ascertains even one of the following circumstances:
· The non-diligent use of the asset that has compromised its integrity, or the use of any consumables related to the product;
· The lack of the external packaging and / or the original internal packaging;
· The absence of integral elements of the product (accessories, parts, etc.);
Damage to the product for reasons other than its transport, including partial or total tampering with the product or parts of it.
In the event of forfeiture of the right of withdrawal, the goods will remain at the Seller's headquarters, available to the Customer for collection at his expense.
9. Liability - Defective / non-compliant products - Legal guarantee
Where relevant, the products handled by the Site are covered by the manufacturer's conventional warranty and by the 24-month warranty for lack of conformity, pursuant to art. 128 and following of Legislative Decree 206/05.
To take advantage of the guarantee, the customer must keep the proof of payment that he will receive at the time of purchase.
The Seller guarantees that the Products delivered comply with the contract and have been made in compliance with the current sector regulations.
It is the Customer's responsibility to check the quantity and good condition of the goods at the time of delivery, immediately highlighting any irregularities to the carrier.
At the time of delivery of the goods by the courier, in particular, the Customer is invited and in any case required to check:
· That the number of packages actually delivered corresponds to that indicated in the transport document;
· That the packaging of the packages is intact in all its parts, not damaged or compromised by atmospheric events or otherwise altered.
Any evidence of damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately contested, subject to written scrutiny (specifying the reason for the reservation, eg "laundry packaging", "Crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.
In the event that the Customer deems that the Product does not comply with what was ordered and / or purchased, or is flawed, he must immediately contact the Seller, by sending a rec. A / R at Fashiongate srl, Via Antonio Meucci 19 - 50012 Bagno a Ripoli (FI) to the e-mail firstname.lastname@example.org or a fax to 0556461788.
The Customer must then arrange for the return of the Product according to the methods set out in the following art. 10 "Returns".
The Seller will proceed to examine the returned Product, communicating by e-mail or telephone within a reasonable time, whether the Product will be returned or replaced (depending on the case), or in sub-order, the price reduction or termination of the contract.
The repair or replacement of the item will be carried out as soon as possible and, in any case, within 30 days following the date on which an e-mail will be sent to the Customer confirming that the non-compliant Product will be returned or replaced.
It is understood that, once the lack of conformity has been ascertained, the Seller will refund all the expenses incurred by the Customer for the return of the Product. A minor lack of conformity for which it is not possible or would be excessively burdensome to carry out the remedies for repair or replacement, does not in any case give the right to terminate the contract.
In case of exercising the right of withdrawal from the Contract within the term referred to in the previous article 8, or in the event of a claimed defect / non-conformity of the Product referred to in the previous article 9, the Customer may return the Product by delivering it to a courier and / or at its own expense, which in the event of a return due to non-conformity / defectiveness of the Product, will be subsequently reimbursed if the existence of the defect is ascertained and an intervention under warranty is carried out.
The following rules must be observed for all returns by end users unless otherwise indicated by the Seller:
The shipping costs for the units sent by the Customer to the Seller are charged to the Customer (except for the subsequent reimbursement in the case of warranty intervention as specified in the first paragraph);
· The Customer can send the Product to the Seller using a courier of his choice. We recommend that you use a method that allows you to track the shipment. The Seller is in fact not responsible for shipments for which the courier cannot provide proof of delivery while remaining the shipment, until the certificate of receipt by the Seller, under the full responsibility of the Customer;
· The Seller is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; in case of damage to the goods during transport, the Seller will notify the Customer of the incident, to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the goods. In this case, the product will be made available to the Customer for its return, at the same time canceling the request for withdrawal.
If the Product is covered by warranty, the shipping costs from the Seller to the Customer, for repaired or replaced Products, are charged to the Seller;
In all other cases, all customs fees and taxes for the shipment of material sent to and received by the Seller are charged to the Customer;
· The Seller is not responsible for any loss or damage occurring during shipment. It is therefore advisable to insure the shipment;
· Shipments at the expense of the recipient will not be accepted without the prior authorization of the Seller. Shipments received by the Seller at the expense of the recipient will be returned (unrepaired) with all costs, including return shipping costs, to be paid by the Customer.
Against the notice of withdrawal exercised under the terms of art. 8, or upon receipt of a dispute for defective / non-compliant product pursuant to art. 9, the Seller will contact the Customer within the following 48 hours, also communicating the address to which the Product must be returned and which, unless otherwise indicated, will be as follows:
Fashion Link Srl - Via Antonio Meucci, 17 - 50012 Bagno a Ripoli, FI
We will not proceed to the return of those Products that are not in the same condition in which they were received, or that have been used beyond the simple opening of the Product.
11. Customs regulations
In case of deliveries outside the national territory, the Customer will be subject to compliance with the laws and regulations in force in the country of dispatch and possibly also to the payment of additional customs clearance costs entirely at his own expense and of which, given the diversity of national regulations , it is not always possible to know the extent in advance.
To this end, the Customer must contact the competent Customs Office. However, the provisions of art. 4 "Prices and charges to be paid by the buyer".
12. Applicable law and competent court
This contract is regulated by the Italian law. For any dispute that may arise in relation to the application, interpretation and execution of these general conditions, the Court of Florence - Italy will have exclusive jurisdiction, where this jurisdiction is not exceeded, in favor of the judge of the place where the Customer has their residence or domicile - if located in the Italian territory, pursuant to Legislative Decree 206/05.