1.0 Version of 29.05.2018
3. CREATING AN ACCOUNT
3.1 To use the website as a registered user and purchase an item on the website, the user must create a new account on the website in the way from time to time established by the company. It is possible to make a purchase on the website even without creating an account on the website, provided that in that case the User should specify all of his personal information for each purchase. The creation of an account on the website will allow the user to save their personal information to make purchase process faster and to manage their orders easily in their personal page.
3.2 To create a new account on the website, the user should specify an email address and click on the register button. After receiving an email with the confirmation link on his email account, the user should click on that link to confirm this email address. After clicking on the link, the user is invited to choose a password to access the website. The sole registration on the website is entirely free, provided that (i) it’s upon the user the cost of the internet connection used to enter the website, according to the tariffs, the terms and conditions charged by the operator. And (ii) the purchase of an item on the website entails the obligation for the user to pay the price of the item to the company.
3.4 During the registration phase, the user should specify his email address and choose a password, following the given criteria for the creation of a password from time to time indicated on the website. Your login information to the website are personal and not be shared or given up to third parties with no reason. The user shall assure the secrecy of his password and assume the full responsibility in case of non-authorized use of the same. The user accepts to immediately notify the company of any non-authorized use of the account, of any security violation as well as in case of loss or misappropriation of the login credentials, to contact the company through email (at the email address email@example.com), attaching a copy of an ID document and clearly explaining the facts. Once we receive the notification from the user, the company will ensure to block the login credentials of the user and will supply new credentials to the user. In the terms of the law, the company does not take any responsibility for any loss or damage deriving from the misconduct of the user who did not preserve the credentials in a safe way or who hasn’t communicated the loss to the company .
3.6 The user can ask anytime the cancellation of his registration by sending a registered mail, or an email to the company, to the addresses indicated starting from art. 14. With the reception of this communication every contract between the user and the company is terminated (except the purchase already concluded before the request of cancellation) and the user’s username and password will be cancelled.
4. PURCHASE OF ITEMS
4.1 The items that can be purchased on the website will be described from time to time on the website together with the possible special sale conditions. By confirming the purchase of an item , the user declares to have read and understood, and expressly accepts, these information on the item and the relative special sale conditions.
4.2 All prices are expressed in EURO (€) and include the value added tax (VAT) in force for the respective product categories. The shipping methods available, the relative costs and the delivery dates will be indicated from time to time on the website. Every additional cost for custom duty reasons outside the Italian soil will be exclusively charged upon the recipient of the delivery and it is not included in the budgeted shipping costs.
4.3 To purchase an item on the website it is necessary to add the selected item to the shopping bag of the website, selecting the specific button. If the user wants to purchase more items with a single order, these items shall be simultaneously added to the shopping bag. To confirm the order, it is necessary to access the shopping bag, verify that all the personal and billing data are correct and select a payment method among those indicated starting from art. 5. Before confirming the order, the user can correct eventual mistakes in your personal data using the designated modify functions available on the website. In case the user recognises some mistakes only after submitting the order, the user might correct those mistakes by contacting the customer care of the company following the methods showed starting from art.14.
The user must carefully follow the instructions provided by the website for the submission of the orders and the purchase of the items. The items and the relative prices might vary without any notification; therefore, the user shall verify that the items and their prices have not varied before submitting their purchase.
4.5 The order confirmation email from the company will contain some information about the essential characteristics of the item and the detailed indication of the price, of the shipping costs and of the applicable taxes. The confirmation email will be sent by the company exclusively at the email address indicated by the user when he has registered his account on the website. The company will send also the receipt and, in accordance with the applicable law, the tax receipt or the relative purchase invoice. That user who, acting as professional, wants to get a purchase invoice must indicate the number of register of incorporation before confirming the order. By adding the number of register of incorporation during the purchase, the company might legitimately suppose that the user made a purchase as professional and that it is required the purchase invoice.
4.6 The company will file each order made by a user in its own IT systems. The details of each order might be consulted by the user by accessing their personal page on the website.
4.7 Users commit themselves to respect any primary or secondary law that might be applied to the purchase of items and they commit themselves to refrain from any from any form of use, direct or indirect, of the website and of the items which is against the law, against these terms or against third parties’ rights.
4.8 The user can only purchase those items from time to time available on the website. Users cannot purchase items that, although present on the website, are not available. In each case, the products available on the website are offered for as long as stock lasts.
4.9 If the company cannot deliver an item due to its occurred unavailability, even temporary, the company will properly inform the users by email and, as soon as possible, it will refund the user for the amount already spent.
4.10 Exchanges between purchased items and other items available on the website are not allowed.
4.11 The implementation of customized items potentially sold on the website is subordinate to a specific request from the user, based on precise indications available on the store. In case of purchase of a customised item the right to withdraw from this sale contract is excluded.
4.12 If the user uses a promotional code during the purchase process, the specific terms and conditions applicable to the use if this code will be applied.
4.13 If the user buys a gift card, the user or the person that will be gifted this card by the user might use this gift card exclusively to make purchases on the online store or in the physical store of the company, within the limits of the amount of the gift card. The gift card cannot be converted into cash nor for all nor for part of the amount and it cannot be used for other purposes. The gift card is not nominal and it can be transferred. In case of loss or theft of the gift card, it won’t be possible to get another gift card or a reimbursement of the amount of the same. The gift card can be used to make purchases within the deadline indicated on the website at the moment of its purchase and indicated on the gift card itself. Once the gift card expires, it can no more be used. The use of the gift card is subject to the general terms and conditions from time to time indicated during its purchase. The gift card can be also used for fractionated purchases, until the reaching of its total amount. The balance of the gift card can be controlled in the personal area on the website. For the purchase of items on the website, it will also be possible to use promotional codes, within the terms and conditions that regulate the use of these promotional codes.
4.14 During the purchasing process on the website, the user can choose among the home delivery or the pick-up in store option. In case the home delivery option is chosen, the items purchased on the website will be delivered to the address indicated by the user during the account registration process or during the purchasing process. The delivery of the merchandise will take place through courier on behalf of the company or third parties appointed by the company, unless during the purchase other shipping methods have been indicated and expressly chosen by the user. Times and costs of the delivery will be specified in the given section of the website dedicated to the shipping and they are also indicated in the confirmation page of each order. Times are indicative and not strictly binding for the company. Shipping costs are always charged upon the user (unless a specific indication on the website). In case the pick-up in store option is chosen, the user has up to 15 days to collect the order in the store.
4.15 If the shipping to a foreign country is available, all the custom duties, where required, will be entirely in charge of the company.
4.16 The delivery is completed with the physical delivery of the item to the user or to a third authorised party, including the possible receptionist of the home where the user has his residence. At the moment of the delivery, the property and the risk connected to the transportation of the items rely upon the user.
4.17 The company will send an email to the user to notify him about the shipping and to give him all the connected information, including, whereas available, the tracking code of the shipping provided by the courier.
4.18 In case of unavailability of one or more items following the order, the company can proceed with the shipping of the other items ordered by the user. The partial delivery is valid and does not give the user the right to refuse it or to obtain compensations or indemnities.
4.19 In case of absence of the user at the moment of the delivery, the company or the courier will contact the user to agree a remedy to the missed delivery.
4.20 The user must verify the conditions of the merchandise delivered. In particular, at the moment of the delivery from the courier, the user must control: (i) that the number of items is the same of that on the transport documents and (ii) that the package is intact and with no sign of damage, tampering or alteration. If this control does not produce a successful outcome, the user must immediately carry out the necessary arraignments to the courier, refusing the package or accepting it with a written reservation on the delivery document. In every case, the user must inform the company of the incident, contacting the customer care at the latest by 8 days from the date the order is received.
4.21 The user or a third party delegated by the user must be present at the delivery address at the moment of the delivery. The delivery is intended on the street and it will be done with the methods and terms defined by the courier chosen during the purchase without any prearranged appointment with the user.
4.22 If the Company couldn’t make the delivery within the specified deadline, the user must invite the company to make the delivery within a supplementary deadline given the circumstances. If the defined supplementary deadline expires and the item hasn’t been delivered yet to the user, the latter can terminate the contract. The user does not have the burden to grant a supplementary deadline as indicated in the art. 4.21 if: (i) the company has expressly refused to deliver the item, or (ii) if the respect of the deadline agreed by the parties has to be considered essential, given all the circumstances that have caused the termination of the contract, or (iii) if the user has informed the company, before the termination of the contract, that the delivery is essential within a specific deadline and the company has expressly accepted to guarantee the delivery within that period.
4.23 In the case that it is necessary to make a refund of the shipping costs relative to a single order with more than one item, the costs will be refunded only in the case in which the withdraw or the termination concerns all of the items of the order. On the other hand, if the withdraw or the termination concerns only part of the items in the order, the refund of the shipping costs will be performed proportionally to the cost of each item.
Legal Guarantee of Compilance
4.24 The items sold on the website to the users that act as consumers (or for purposes that do not involve the entrepreneurial, commercial, artisan or professional activity possibly performed) are covered by the legal guarantee of compliance of the art. 128-135 of the “codice del consumo” (the legal guarantee).
4.25 The items sold on the website to users that act as professionals are covered from those guarantees provided by the civil code, in accordance with the terms and conditions there exposed. It follows that the predictions in the following subparagraphs will be only applied in relation to the purchase of items made by users that act as consumers.
4.26 The company takes the obligation to deliver to the users items that are compliant with the sale contract. There is a lack of conformity in the case in which:
a) The item is not suitable for the use that items of the same type are commonly used.
b) The item is not compliant with the description of it made by the company and it does not have the characteristics of the item that the company presented to consumers as model or sample.
c) The item has the characteristics and the common aspect of an item of the same type that the user can reasonably expect, given the nature of the good and the public declarations on the specific characteristics of the item made by the company, the manufacturer or the agent or representative, in particular with advertising or on the label.
d) The item is not suitable for the particular use intended by the user and this fact is brought to the company’s attention by the user at the moment of the termination of the contract and that the company has accepted also for substantial facts.
Therefore, faults or malfunctions of the item caused by actions or omissions of the user or third parties, by accidental facts or from the use of the item in an incorrect way with respect to its characteristics and/or to its supporting documentation are not covered by the legal guarantee.
4.27 The company will be held responsible towards the user lack of compliance existent at the moment of the delivery of the item, provided that the lack of conformity has occurred within 2 years from the delivery of the item. The user will lose his rights relative to the legal guarantee in the case in which he does not report to the company the lack of conformity within 2 months from the date he discovered the flaw. Unless proven otherwise, flaws of conformity showing within 6 months from the delivery of the item allegedly already existed at that given time, unless tgis hypothesis is not compatible with the nature of the item or with the nature of the flaw of conformity. So, starting from the seventh month after the delivery, the burden of proof that the flaw already existed at the moment of the delivery relies upon the user.
4.28 In case of flaws of conformity, the user has the right of restoration, with no further expenses, of the conformity of the item through its repair or replacement or the right of an adequate reduction of the price or of the termination of the contract, at the terms and conditions of the following subparagraphs.
4.29 The user can ask the company, upon his choice, to repair the item or to replace it, without any further expenses in both cases, unless the required remedy is objectively impossible or excessively expensive with the respect to the other.
4.30 The user can ask, upon his choice, a reasonable reduction of the price or the termination of the contract whenever one of the following situations occurs: (i) the repair or replacement are impossible or excessively expensive; (ii) the company didn’t ensure the repair or the replacement of the item within a reasonable term; (iii) the replacement or the repair previously made has caused great damages to the user
4.31 If the user has found a flaw of conformity of the item purchased on the website, the user shall notify the company, by contacting the customer care service with the methods indicated from art. 14. The company will reflect as soon as possible to the notification from the user, providing guidance regarding the specific procedure to follow and the remedies available, given the nature of the item and the type of flaws of conformity reported.
4.32 If the item necessarily has to be repaired at a technical assistance centre of the manufacturer, the company will provide for the shipping of the item to this assistance centre, provided that it will remain directly responsible towards the user for the purpose of the legal guarantee.
4.33 If, after taking the item, the company verifies that the reported flaw of conformity actually exists, all the eventual costs of transportation, repair or replacement, will be on charge of the company. Otherwise, if the company verifies that the reported flaw of conformity does not exist or that there are not the requirements for the feasibility of the legal guarantee, the legal guarantee will not operate, and all the expenses of transportation, repair or replacement will rely upon the user (in this case, the company will communicate it to the user). In the case in which, after the collection of the item, it will be verifies that the conditions for the application of the legal guarantee do not exist, the company- through the assistance centre of the manufacturer- could send to the user an estimate for the repair of the item outside the legal guarantee, and therefore the costs charged upon the user. The user can freely accept or refuse this estimate. In case he accepts it, a contract of services between the user and the assistance centre is created and the company will be completely external to this contract.
4.34 The repair or replacement of the item will be performed as soon as possible and in any case within a reasonable period.
4.35 Eventual conventional guarantees on items – others than the legal guarantee- will be applied only in the case that these guarantees are expressly indicated on the website relatively to a specific item, at the terms and conditions indicated on the website.
5. MEANS OF PAYMENT
5.1 Unless there is a different indication expressed from time to time on the website, the user can pay the payment due for the subscriptions or for the items with the following methods of payment: credit or debit card: Visa, Mastercard, American Express and JCB; Visa Electron; rechargeable credit cards, authorised ATM Maestro or paypal express checkout. The system of payment chosen by the user at the moment of his first purchase will be pre-set as method of payment for the following purchases, provided that the user has the possibility to choose a different method of payment before submitting a new order. It is also available the marking payment at the delivery for less than 1000€ of total amount. At the moment of the delivery it will be necessary to have the exact total amount required in cash as indicated in the confirmation email; the courier cannot give the rest and it cannot accept cheques. For the eventual rest it is necessary to indicate a bank or postal account. This method of payment has an additional cost indicated on the website during the purchasing process.
5.2 The company will charge the amount of the order to the user at the moment the order is completed. The credit card used will be charged at the purchase also in case of pre-order even if the shipping of these items will be forward in the season when the item becomes available. The company can ask the user to provide via email or fax a copy of his IDdocument (or the ID document of a third party, owner of the used credit card) before processing the payment, to identify the user and prevent frauds. The order is intended as suspended until the copy of the id document is provided and, if the user does not provide it within 10 working days from the receipt of the request from the company, the company can terminate the purchasing contract of the item, notifying the user via email. Moreover, the company holds the right to (i) ask the bank or paypal to verify the transaction, even by contacting the counterpart bank, in case the user has never purchased on the website before (this verification process can cause delays on the shipping of the order) and (ii) to ask the user who has never purchased before on the website to ship the merchandise at the same address of that of invoicing. Payments done with credit card will be processed with a system offered by a third authorised payment operator, through a SSL secure protocol. The user takes note and accepts that all the information relative to the used credit card will be directly sent to the payment operator and that, for this reason, the company will not collect nor manage this information (except the last 4 digits of the credit card and its expiring date). The user declares and guarantees to be able to legitimately use the credit card used for the payment indicated during the purchasing process and that the same is valid and charged with sufficient funds. If the card of payment is not accepted by the authorised intermediaries or if it doesn’t have enough funds it won’t be possible to complete the order and the user shall use an alternative method of payment.
5.3 In the case of purchases done with Paypal Express Checkout, the user will be addressed to a portal managed by Paypal that the user can use at the terms and conditions that rule his paypal account. The payments made with paypal will be processed exclusively by the latter. The user takes note that all the information relative to the credit card under the paypal account will be treated exclusively the paypal itself.
5.4 If there are some refunds of amounts that the user paid to the company, these refunds will be made using the same method of payment used by the user to make the purchase in the first place. The refunds will be processed in the time and manner established by the operator of the payment instrument used by the user to make the purchase.
5.5 At the request of the user, the receipt or invoice for payment relative to each purchase will be sent via email or together with the item.
6. RIGHT OF WITHDRAWAL
6.1 The user has the right to withdraw from the contract, without indicating any reason, within 14 days. The time of withdrawal expires after 14 days from the day when the user or a third party designated by him, different from the vector, acquires the material possession of the item. If the user has purchased more items with one single order, the period of withdrawal expires after 14 days since the day when the user or a third party, different from the vector and designated by him, acquires material possession of the last item.
To exercise the right of withdrawal, the user must notify the company (via mail to the address Via Rubini, 26 – 24030 Valbrembo (BG), or via email to the email address firstname.lastname@example.org ) of his decision to withdraw from the contract with an explicit declaration. To this end, the user can use the withdrawal form, attached to these general terms and conditions (attachment 1), provided that its use is not mandatory.
To respect the deadline to withdraw, it is sufficient that the user sends the notification relative to the exercise of the right of withdraw before the deadline of the period of withdrawal. Once received the request of withdrawal, the company will immediately notify the user via a confirmation email.
6.2 In case of withdrawal of the user from the contract of purchase, all the payments done to the company will be refunded to the user, including the costs of delivery (excepting the supplementary costs deriving from the eventual choice by the user of a different courier than the more affordable one chosen by the company for the standard delivery), without unexplained delay and in every case not later than 14 days from the day when the company was informed of the decision of the user to withdraw the contract of purchase. These refunds will be made using the same method of payment used by the user in first place, unless the user hasn’t expressly decided otherwise; in any case, the user won’t have to bare any cost as consequence of this refund.
6.3 If the user has exercised his right of withdrawal relative to the purchase of an item, the user is requested to send the item to the company or to deliver it to the company without any undue delay and in every case within 14 days from the day when the user has communicated to the company his withdrawal from the contract of purchase. The deadline is considered to be respected if the user ships the items before the expiry of the period of 14 days. The items must be returned to the following address: Gestimoda srl, via G.B. Rubini, 26 – 24030 Valbrembo (BG). The costs of the return of the items will be charged on the user, unless you chose to use our free return service (the service is free only reaching the minimum threshold of expenses from time to time indicated on the website). You can also return the items at our physical point of sale. The return of the items must be accordingly to the instructions available on the website.
6.4 In case of exercise of the right of withdrawal for the purchase of items, refunds will be suspended until the reception of the items or until the proven demonstration by the user to have shipped the items.
6.5 The user is responsible only for the reduction of the value of the items resulting from a manipulation of the items different from that necessary to establish the nature, the characteristics and the functioning of the goods.
6.6 The user must return the items in an intact conservation status and with the original labels not removed. The packaging of the items must be accurate so as to prevent the original envelopes from damages, affixing of writings or labels.
6.7 The right to withdraw is excluded, in particular, in the following cases required by the Consume code:
a) the supply of packaged goods made on measure or clearly customised (including customised items from the previous art. 4.12);
b) the supply of sealed goods that cannot be returned for hygienic reasons or for reasons connected to the protection of the health, and that they have been opened after the delivery.
7. DECLARATIONS AND GURANTEES OF THE USER
7.1 The user declares and guarantees that.
j) If he is a physical person, he is adult;
k) The personal information provided to the company during the registration process and during the purchasing process are real, correct and updated. The company reserves the right to verify at any time and with any method at its disposal the given information, even requesting to the user the appropriate documentation and, in case of violation of the present art. 7.1, to close or suspend the user’s account;
l) He will personally use his account on the website, without allowing the access to third parties;
9. INTELLECTUAL AND INDUSTRIAL PROPRIETY
9.1 The website (and its contents and graphics), the brand Modamica, the domain name modamica.it and modamica.eu, the relative sub-domains and all the respective intellectual and industrial property rights, are under the exclusive property of the company or of its licensors, they are reserved for them and they are not nor won’t be transferred or licensed under no circumstances to the user. Therefore, the user cannot reproduce, duplicate, copy and reallocate, retransfer also on other websites, transfer or otherwise make available to third parties on whichever title or anyway use the website and its contents from different purposes than that of the conservation and/or consultation, without the prior expressed and formal approval of the company.
9.2 It is possible to create links to the website from other websites, but only accordingly to this art. 4, in accordance with the current laws in this area and provided that the company reserves the faculty of asking anytime to delete these links. The websites that link to the website, except the prior expressed and formal approval from the company:
a) Can link the website but cannot reproduce the contents of the website and the services offered on the website.
b) Cannot create a browser environment or an edge around the website and or its contents.
c) Cannot make statements that make it seem that the company approves their products
d) Must truthfully present the relationship with the Company;
e) Cannot show false information on the website and its services;
f) Cannot use the logos and brands of the company
10.1 The company does not release any declaration and guarantee about the website, including, by way of example and non-exhaustive, declarations and guarantees about the availability of the website and about its uninterrupted functioning.
10.2 To the extent of the applicable law, excluding the case of intentional fault or serious misconduct, it is therefore excluded any responsibility of the company towards the user who acts as professional, of any type, deriving from the use of the website or from the sale of an item through the website.
10.3 The links and connections to other websites available on the website are exclusively supplied for convenience of the user. If these links and connections are used, they bring the user out of the website. The company did not examine the other websites, it does not manage them, and it is not responsible for their contents and services. The company, therefore, does not offer any guarantee and does not formulate any statement, nor it holds any responsibility relative to these connections and/or links and websites, their contents or eventual results gained by the use of those websites. The user is the sole responsible for the access to other websites through links or connections available on the Website.
11. DURATION AND SUSPENSION
11.2 The user recognizes and accepts that the company does not guarantee in any way that the access to the website will always be available. The company reserves the right at any moment to suspend or interrupt definitively the access to the website, by suspending or deleting permanently the user’s account, with no obligation of advance notification to the user, keeping unaffected all the rights already acquired by the user relative to the items already purchased.
14. CUSTOMER SERVICE
The user can contact the company customer service to get assistance, make a complaint or receive every other information. It is possible to contact the customer service via email at the address [email@example.com], to get information on products, orders, shipping, sales conditions, etc. (for requests about carried out orders is necessary to present an ID number of the order). You may also contact us at the phone number [+39 035 528 383].
15. APPLICABLE LAW AND COMPETENT JURSDICTION
15.3 The company informs the user that the European commission supplies a platform for the resolution of online controversies, to which is possible to access through this link: http://ec.europa.eu/consumers/odr/.
15.4 According to article 49, paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206, (Consumer Code) the User can use the Joint Conciliation Procedure, managed by the Netcomm Consortium. This procedure allows users (holding the status of Consumers), to resolve any disputes arising from purchases on Modamica website. The procedure can be initiated by the user who has already submitted a complaint to Modamica and, within 45 days, has not received feedback or received an unsatisfactory reply. To start the procedure, the User must send his / her application by e-mail to firstname.lastname@example.org. More info: https://www.consorzionetcomm.it/spazio_consumatori/conciliazione-paritetica/conciliazione-paritetica.kl.