Terms of on-line sale
1. Abstract: effectiveness of General Conditions.
These general conditions of sale (hereafter, General Conditions) have the purpose of regulating the purchase of products (Products) and services (Services), carried out remotely and made available, through Internet, from the website www.momafactory.com (hereafter, the Site) in compliance with the Italian regulations regarding distance contracts (Legislative Decree no. 70/2003).
The Site is owned by Moma Factory S.r.l. with legal residence in Via Quintino Sella 60, 13855 Valdengo (Biella) – Vat Number: 02524280027
The Customer is obliged to read carefully the Terms and Conditions that are available on the Site for reproduction and memorization before sending the Order. All the contracts concluded with Moma Factory S.r.l. through the Site are governed by these Terms and Conditions in respect of the Italian legislation.
1. The seller. The seller is Moma Factory S.r.l. with Legal residence in Via Quintino Sella 60, 13855 Valdengo (Biella) C. F. /VAT number: 02524280027.
1. Information on the products. The information regarding the Products subject to distance selling are available on the site. The visual representation of the Products on the Site, where available, has the only purpose of presenting them for sale and may not be fully representative of its features but it may differ in color and size. In case of difference between the image and the written sheet of the Product, it is always authentic the written description.
2. Prices. The prices of the Products include all fees and taxes. All prices are in Euro.
3. Shipments to Italy and abroad. Products can be shipped in Italy and in the following Countries: Andorra, Arabia Saudita, Australia, Austria, Belgio, Bielorussia, Bosnia-Erzegovina, Bulgaria, Canda, Cipro, Croazia, Danimarca, Estonia, Finlandia, Lettonia, Francia, Germania, Giappone, Gibilterra, Grecia, Irlanda, Islanda, Liechtenstein, Lituania, Lussemburgo, Macedonia, Moldavia, Montenegro, Norvegia, Nuova Zelanda, Paesi Bassi, Polonia, Portogallo, Regno unito (UK), Repubblica Ceca, Romania, Russia, Serbia, Slovacchia, Slovenia, Spagna, Stati Uniti (US), Svezia, Svizzera, Ucraina, Ungheria, Emirati Arabi. Shipping charges are applied to all orders and vary according to the destination country and to the package weight. When the customer selects the destination country the shipping costs are automatically updated and shown to the customer.
4. Payment methods. PayPal. The Customer can pay for the Products and the shipping expenses by credit card through PayPal account. On the Site, if applicable, there are the costs for each payment method. Once the order is confirmed, the Customer will be redirected to the PayPal’s site where he can proceed with the payment through his account or by using a credit card, even a prepaid one if it is accepted by PayPal (https://www.paypal.com).
5. Confirm receipt of the Order. Once the order is received, Moma Factory S.r.l. will check the stock for the order fulfillment. If a Product is no more available, the customer service will immediately notify the Customer, by indicating the date of the future availability. The Customer receives, upon execution of the contract, an e-mail confirming the receipt of the order and the availability of the Product. The communication contains a summary of – or a reference to – the conditions applicable to the contract, the withdrawal, the order number, a summary of the shipping and the billing data, the list of Products ordered with their main features, their price and the amount paid.
6. Fiscal and administrative aspects. Moma Factory S.r.l. has to record exclusively its revenues on the Book of consideration as provided DPR December 21, 1996 n. Article 696, article 2, paragraph 1, letter OO and in Articles 22 and 24 of DPR n. 633 1972. Moma Factory S.r.l. then produces a receipt of the goods shipped for each order completed on the Site, and it sends it to the Customer in electronic format only.
If the Customer requests it (at the time of the Order) Moma Factory S.r.l. can send a tax invoice; for the issue of the invoice the authentic information is that supplied by the Customer during the purchase procedure. Changes cannot be applied on the invoice after the invoice issue. It will not be possible to request the invoice when the package has already been sent.
Transport and delivery. The Products purchased on the Site will be delivered to the address specified by the Customer during the purchase procedure. The delivery costs are at the expense of the Customer and they are clearly indicated during the purchase procedure. All the packages will be delivered by the courier (hereafter, Courier) Logistica Biellese for deliveries in Italy and by Fermac for international ones from Monday to Friday, holidays excluded, even the local ones. Moma Factory S.r.l. is not responsible for unpredictable delays. The maximum weight per package in Italy and abroad is 70 kg. In case of orders that exceed this weight, the Products will be divided into several packages, thereby increasing the shipping costs. Moma Factory S.r.l. will send the Customer a confirmation by e-mail once the package is shipped, which includes a link to the on-line tracking number. In any case, except in case of force majeure, unforeseeable circumstances or justified delay , the available Products will be delivered in Italy and abroad within a maximum period of 30 (thirty) days from the day after that on which the Customer received the e-mail confirming the receipt of the order.
Within the period mentioned above, Moma Factory S.r.l. will have the right to communicate the Customer the inability to deliver the goods, due to a sudden and temporary unavailability of the Products. If such notification occurs, the Customer will have the opportunity to choose one or more alternative Products. In case the Customer decides not to choose alternative products or to cancel the order, Moma Factory S.r.l. will refund any amount paid by the Customer within 14 (fourteen) days since the request of the Customer.
In the event that, without justification, the Product is not delivered to the Customer within 30 (thirty) days from the day after that on which the Customer has received the e-mail confirming the receipt of the order and the availability of the Product, the Customer will have the right to invite Moma Factory S.r.l. to deliver within an additional period of time appropriate to the circumstances, after which the Customer will be entitled to terminate the contract and to claim damages.
The risk of loss or damage of the Product is transferred to the Customer when he enters in possession of the product.
Delivery service in Italy. All the orders will be delivered in Italy by the Courier Logistica Biellese. Orders placed on holidays (Saturday, Sunday and Italian holidays) are processed on the first working day after the date of the order. If a shipment cannot be delivered at the first attempt for absence of the recipient, or because the target structure is closed, another delivery attempt will be made. In all other cases (refused shipment, customer moved, wrong address or impossibility to contact the Customer to ask for the withdrawal of the costs) or, if the second attempt of delivery is not successful, the Customer must provide written instructions (making use of the internet methods made available by the courier) to define the goods management and, in particular, must indicate whether: (a) to proceed with a further attempt of the delivery, (b) to return the shipment to the sender (c) to send the package to the new address. All costs will be at the expense of the Customer. If the Customer fails to make any instruction within thirty (30) calendar days, the Courier will dispose of the goods at its discretion.
Right of withdrawal. Under Article. 64 et seq. of the Consumer Code (Legislative Decree no. 206/2005), the Customer is entitled to terminate the purchase contract for any reason, without explanation and without any sanction. Are excluded from the right of withdrawal customization goods or made to measure. In order to exercise this right, the Customer must send to Moma Factory S.r.l. a formal notification i.e. another clear declaration of his decision to terminate the contract, within 14 (fourteen) days from the date on which the Customer acquired the physical possession of the Product. Such notice shall be sent by e-mail to the following address: firstname.lastname@example.org. Moma Factory S.r.l. customer service, on receipt of the notice, will notify the Customer without delay to the email address indicated by the Customer at the time of the placement of the order:
– an acknowledgment of receipt of the notice of withdrawal;
– the instructions on how to return the Products.
The right of withdrawal is subject to the following conditions:
1. The right is applied to the Product purchased in its entirety; it is not possible to exercise the right of withdrawal on part of the purchased Product.
2. The products should not be “customized products”.
3. The shipping costs for the return of the Product are at the expense of the Customer.
4. The Customer is obliged to return the Products with no undue delay and no later than 7 (seven) days from the date of the communication of its decision to terminate the contract. The expedition is under the full responsibility of the Customer until the signature of the certificate of receipt of our warehouse.
5. Moma Factory S.r.l. is not responsible for damage or theft/loss of returned Products through uninsured shipments.
6. In case of damage of the Product during transport, Moma Factory S.r.l. will notify the Customer (within 7 (seven) days), in order to enable him to fill a complaint against the Courier and to obtain a refund. In this case, the Product will be made available to the Customer for its return within the cancellation of the request for withdrawal.
7. If the parcel is damaged, the customer must sign the delivery note “conditional”. In such a case it is possible to proceed with the refund for the damaged package.
Moma Factory S.r.l. will refund the Customer the full amount paid, within 14 (fourteen) days from the receipt of the request of withdrawal, by transferring back the amount charged on the credit card or by PayPal, by using the same payment method chosen by the Customer. During this period Moma Factory S.r.l. reserves the right to hold the reimbursement until it receives the product back.
If the Customer requests it, Moma Factory S.r.l. will proceed with the refund by crediting a discount coupon.
The right of withdrawal falls for lack of integrity of the Product (the packaging and/or its contents), where Moma Factory S.r.l. finds:
1. The lack of the outer package and/or of the envelope containing the purchased Product.
2. The damage of the Product for reasons other than transportation.
In case the right of withdrawal falls, Moma Factory S.r.l. will return the sender the purchased Product by charging the Customer the shipping costs.
Lack of conformity. In case of lack of conformity of a Product, the Customer must immediately contact Moma Factory S.r.l. to the e-mail email@example.com. The sale of Products is subject to the legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code. The Customer has the right to restore, without charge, the conformity of the goods by reparation or replacement or an appropriate price reduction or termination of contract. The Customer will lose those rights, if he does not report Moma Factory S.r.l. the lack of conformity within two months from the date on which he discovered the defect.
Errors. Information relating the Products provided through the Site are regularly updated, but it is not possible to guarantee the complete absence of errors. Moma Factory S.r.l. reserves the right to correct any error, inaccuracy or omission even after the order has been sent, or to change or update information at any time without prior notice.
Complaints. Any complaint must be submitted to Moma Factory S.r.l. by forwarding an e-mail to firstname.lastname@example.org.
Trademarks and Intellectual Property. Trademarks and distinctive signs of Moma Factory S.r.l. can not be used in connection with Products or Services that are not property of Moma Factory S.r.l., in order to cause confusion among customers, or in any manner that disparages or discredits Moma Factory S.r.l.
All other trademarks not owned by Moma Factory S.r.l. appearing on the Site are property of their respective owners, who may or may not be connected to Moma Factory S.r.l. or sponsored by Moma Factory S.r.l. Moma Factory S.r.l. respects the intellectual property rights of third parties. If the Customer believes that its intellectual property rights have been used in a way that results a possible violation, he is required to report it via E-mail to email@example.com.
Electronic Communications. By using the services provided by Moma Factory S.r.l., and subject to the specific mandatory provisions of the law, the Customer agrees irrevocably to receive communications in electronic form and he acknowledges that all contracts, notifications, information and other communications provided in electronic form meet the requirement of writing, when required by law, for all purposes of this contract.
Account. The Customer who uses the site is required to maintain the confidentiality of his account and password and to control the access to his computer, and he accepts, to the extent permitted by applicable laws, to be held responsible for all activities that occur under his account and password. The Customer undertakes to take all necessary precautions to ensure that his password remains safe and confidential and he agrees to inform us immediately if he has reason to believe that any third party is aware of his password, in case the password is or is likely to be used in an unauthorized manner. The Customer must ensure that the details he gives are correct and complete and that he will inform us immediately of any change regarding the information he has provided. The Customer shall not use the Site and his account: (i) so as to cause, or could cause, interruption, malfunction or damage of the Site and its functionality, or (ii) for fraudulent purposes, or in any case to commit illegal activities, or (iii) to cause trouble, preconception or concern. Moma Factory S.r.l. reserves the right to deny access to the Site, to suspend or close an account, to remove or modify the content of the Site at its sole discretion, in case of violation of applicable law or of these Terms and Conditions.
Modifications and Variations Of Conditions. Moma Factory S.r.l. reserves the right to modify the General Conditions at any time in order to offer new Products or Services or to comply with applicable laws and regulations. The Customer will be subject to the policies and terms of the General Conditions from time to time in force when using the site. If any part of these Conditions is deemed invalid, void or for any reason unenforceable, that condition will not affect in any case the validity and enforceability of other provisions, where lawful and legitimate.
Law and Jurisdiction. The sale contract between the Customer and Moma Factory S.r.l. is concluded in Italy and regulated by the Italian law. For the solution of civil and criminal litigation arising from the conclusion of a contract of distance selling, if the Customer is a consumer, the local jurisdiction is that of the competent court of his town of residence or domicile of choice if located in the Italian territory; in all other cases, the local jurisdiction is only the court of Biella.