MODAMICA.IT - Pre-contractual information

MODAMICA.IT

The website and its contents are operated and administered by Gestimoda srl, based in via Gian Battista Rubini 26, 24030, Valbrembo (BG), Italy, number of register and incorporation and Fiscal Code 02137600165, registered with the Chamber of Commerce of Bergamo under file number BG266459, share capital Euro 50.000.000 fully paid-in (hereafter “the Company”).

PURCHASE OF ITEMS

On the e-commerce website the items can be offered for sale. Verify the characteristics of these items on the pages of our website before confirming your purchase.

PRICES AND METHODS OF PAYMENT

Please verify on the website the price of each item before submitting the purchase.

The purchase can be paid with credit card (Visa, Mastercard, Maestro, Cartasì, American Express or JCB), Paypal or Paypal express checkout. The available shipping methods, the related costs and the dates of delivery will be indicated from time to time on the website.
 

SHIPPING

The shipping of the products is normally performed with courier UPS/DHL, notwithstanding that the indicated courier can change according to the type of item purchased.

A tracking system of the package is active both for UPS and DHL.

Both UPS and DHL make deliveries Monday to Friday from 10 am to 7 pm.

The recipient cannot request the delivery at specific dates and times. In case of absence of the recipient, the courier will leave a note, through a label on the residence address. The delivery will be attempted twice. Afterwards, in case of failure of delivery, the courier will send the order back to our headquarter.

While submitting the order, it is therefore important to specify a correct phone number (mobile or landline), to facilitate the resolution of the delivery. It is important to specify an address of delivery where someone will be available to pick up the order. Moreover, it is always fundamental to specify a name that is visible on the doorbell.

The Company cannot be held responsible for any possible failures in the delivery process on behalf of the courier.

The courier alerts the client by email on the shipping status. The service is automatically activated if the email field is correctly filled out.

We kindly invite our clients not to insert a PO BOX in the address field because in this case the courier would be unable to deliver the merchandise. For this reason, a physical address of delivery must be added.

In case of deliveries made at a reception (with a sign at the delivery of the receptionist), the Company cannot be held responsible for following missed deliveries of the order to the final recipient.

If a destination Country is not present among those listed on the website, it means that at the moment the delivery of product in that country is not available.

SHIPPING COST

Italy (free for orders above 100 EUR)
UPS STANDARD (1 – 2) days 5 EUR/ UPS EXPRESS (The following day) 10 EUR/ Trademark 5 EUR

Europe and Europe extra CEE (Free for orders above 250 EUR)
DHL Economy (2-3 days) 10 EUR/ DHL Express (the following day) Europe 20 EUR/ Europe extra CEE 25 EUR.

US, Canada (free for orders above 400 EUR) DHL Express(2-4 days) 35 EUR

Baharain, Brunei, China, South Korea, Egypt, United Arab Emirates, Philippines, Japan, Groenland, Hong Kong, India, Indonesia, Kuwait, Malesia, Mexico, Singapore, Sri Lanka, Thailand
(free for orders above 400 EUR)
DHL Express (2-4 days) 45 EUR

Rest of the world (free for orders above 400 EUR)
DHL Express (2-4 days) 60 EUR

It is not possible ship to Russia.

SHIPPING TIME

In Italy the delivery will be within 24-48 hours, after 24 hours from the date of the order registration. For customized products, the delivery could require one or two additional days. Possible delays in the delivery may occur due to the temporary unavailability of products, malfunctions in the delivery service of the courier, reasons of force majeure or in case of holidays. If after 5 business days (excluded Saturdays and Sundays)the order has not been delivered yet, please contact the customer service at the address customercare@modamica.it.

In Europe and in the rest of the world the delivery will be within 2/4 business days, after 24 hours from the order registration. In Countries outside Europe the delivery will be within 3 or more business days, after 24 hours from the order registration. For customised products, the delivery might require one or two additional days. Possible delays in the delivery may occur due to the temporary unavailability of products, malfunctions in the delivery service of the courier, reasons of force majeure or in case of holidays. If after 8 business days (excluded Saturdays and Sundays) the order has not been delivered yet, please contact the customer service at the address customercare@modamica.it.

POSSIBLE DELAYS

Payments need an automatic check by the bank that issued the credit card, this verification could cause a delay in shipping orders.

Once the payment (by credit card or PayPal) will be authorized, it will be credited to the Modamica.it account and the order will be processed as soon as possible.

Orders are processed and delivered to the courier for shipment in chronological order, based on the time of receipt. Orders with "express shipping" have always priority over “Standard shipping orders. In weekdays (from Monday to Friday) orders are processed within 24 working hours from the time they are placed.

In specific times of the year, on the occasion of public holidays (during which the couriers do not ship) and in times of big order traffic, that we have listed below, handing time may delay up to ¾ days:

  • January 1st and 6th
  • Easter and Easter Monday
  • April 25th
  • May 1st
  • June 2nd
  • August 15th
  • November 1st
  • December 8th, 25th and 26th
  • Black Friday, special offers etc...
 

CUSTOM DUTIES AND TAXES

In case of shipping to a Country not belonging to the European Union, the merchandise might be subject to custom duties or eventual taxes. Every additional charge connected to the custom will be exclusively incumbent upon us excluding Russia.

In case of shipping towards Russia, the merchandise might be subject to custom duties or eventual taxes. Every additional charge connected to the custom will be exclusively incumbent upon the recipient. In case of refusal of the merchandise from the client or the failure to delivery for any other reason (ex. Wrong address and/or telephone number; repeated absence of the recipient, etc.) the amount covering the following expenses will be held: shipping merchandise + return merchandise + custom duties for the return, they will be charged to the recipient. It will be, on the other hand, refunded the merchandise value.

Custom duties and eventual taxes will vary according to the Country of destination and they will be applied when the merchandise enters the Country itself. For further information regarding the amount of custom duties and eventual taxes and the methods of custom clearance, please contact the custom offices in charge in the respective countries.
 

LEGAL WARRANTY

The items sold on the website to users that act as customers (or for other purposes excluding entrepreneurial, commercial, artisan or professional activity possibly practiced) are covered from a legal warranty of compliance with the art. 128-135 of the “Codice del consumo”.

There is a lack of compliance in the following cases:

-  The item is not suitable for the use for which is commonly known and used for.

- The item does not comply with the description made by us on our website and it does not show the characteristics of the item presented.

- The item has the same characteristics and performance that such items usually have and that someone can reasonably expect, given the nature of the item and given the public description of its characteristics specified on our website by us, by its manufacturer or by its agent or representative, especially in advertising or on its label.

- The item is not fit for the particular use you were thinking of and you brought it to our attention at the moment we finalised the contract and that we accepted

You can ask us, upon your choice, to repair an item or replace it, with no further expenses in both cases, except in the case where the required repair is objectively impossible or excessively expensive with respect to the other. You can ask us, upon your choice, a fit reduction in the price or the termination of the contract when one of the following cases happens: i) the repair and the replacement are impossible or excessively expensive; ii) we haven’t repaired or replaced the item within a reasonable amount of time; iii) the replacement or the repair has caused you great damages.

If you have found a lack of conformity of an item purchased on the website, please contact us immediately through e-mail at customercare@modamica.it or via postal service at “Gestimoda S.r.l., Via Gian Battista Rubini 26, 24030, Valbrembo (BG), Italia”.

We will respond you as soon as possible with all the indications on the specific procedure to follow and on the available remedies, given the nature of the item and the type of lack of conformity declared. 

RIGHT OF WITHDRAWAL

You have the right to withdraw from the contract, without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquire the physical possession of the item. If you have purchased multiple Items with a single order, the withdrawal period will expire after 14 days from the day on which you or a third party, other than the carrier designated by you, acquire the physical possession of the last Item.

To exercise the right of withdrawal, you are required to inform us (by post at the address "Gestimoda srl, Via GB Rubini, 26 -24030 Valbrembo (BG)", or via email at returns@modamica.it) of your decision to withdraw from the purchase contract by an explicit declaration. You can use the withdrawal form attached as “Attachment 1” to these General Conditions, but it is not mandatory.

To comply with the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Once we have received the request for withdrawal, we will notify you without delay an acknowledgment of receipt by email.

In case of your withdrawal from the purchase contract, you will be refund for all the payments you made in our favor, including delivery costs (with the exception of additional costs resulting from your choice of an other type of delivery different from the less expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day we were informed of your decision to withdraw from the purchase contract.

These refunds will be made using the same payment method used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a consequence of such reimbursement.

If you have exercised the right of withdrawal with reference to the purchase of an item, unless we have offered to withdraw this Article, please return the Article or deliver it to us without undue delay and in any case within 14 days from the day in which you have communicated your withdrawal from the purchase contract.

The deadline is met if you returned the Items before the 14-day period expires. The Articles must be returned to the following address: Gestimoda srl, Via G.B. Rubini, 26 -24030 Valbrembo (BG). The costs of returning the items will be at your charge, unless you have chosen to use our free pick-up service.

In case of exercising the right of withdrawal from the purchase of items, the refund may be suspended until the receipt of the items or until the demonstration by you of having sent the items, if previous.

You will be held responsible only for the decrease of the value of the items resulting from an handling of the items different from that necessary to establish the nature, characteristics and functioning of the goods.

You are required to return the items in an intact state of conservation and with original labels not removed. The packaging of the items must be accurate, in order to safeguard the original envelopes from damage, apposition of text or labels.

The right of withdrawal is excluded, in particular, in the following cases provided for by the Consumer Code:

- the supply of tailor-made or clearly personalized goods (including personalized items as per article 4.12 of the General Conditions);

- the supply of sealed goods that can not be returned for hygienic reasons or related to health protection and have been opened after delivery;

- the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods.

HOW TO CONTACT US

You can contact our customer service to get assistance, to file a complaint or to receive any other information.

It is possible to contact the customer service in the following ways, via e-mail at the address customercare@modamica.it, to get information on products, orders, shipping, sale conditions, etc. (for requests regarding the orders it is necessary to have the order identification number).

Moreover, you can contact our customer care at the number +39 035 528383.
Attachment 1 - Exercise form of the right of withdrawal