CONDITIONS OF SALE
1. General Terms and Conditions of Sale
1.1 These general terms and conditions of sale (the "Terms and Conditions of Sale") apply to the purchase of MO-branded products (the "Products") made through the e-commerce section of the website ww.labottegadimo.com (the "Site") by end users who qualify as "Consumers" pursuant to Article 1.3 below.
1.2. The e-commerce section of the Website is owned and managed by Mo di Antonella Gasparroni with registered office in via Gorizia n.40, Giulianova (TE), Italy, tax code and VAT number 02169940679 and registration number with the Register of Companies of Teramo 212187.
We invite you to carefully read these Terms and Conditions of Sale, together with the information concerning your personal data (the "Information Notice") before proceeding with the purchase of Products through the e-commerce section of the Website.
1.3. The Products are offered and sold through the e-commerce section of the Site directly by MO.
Purchases of Products made through the Site will see MO di Antonella Gasparroni, as seller, as parties (the "Parties") and the end-consumer user who makes the purchase of one or more Products for personal purposes and not related to a business, trade, craft or profession, as purchaser (the "Consumer"). In order to be able to purchase Products through the e-commerce section of the Website, the Consumer declares to be of legal age (18 years) and to have the capacity to act.
1.4. The purchase of Products is governed by the Terms of Sale in the version that will be published on the Site at the time the order is transmitted by the Consumer.
2. Product Features
2.1. Through the Site, MO di Antonella Gasparroni, exclusively offers Products for sale. Said Products are original, distinguished by the distinctive signs of MO and are not used. The Products are offered and sold through the e-commerce section of the Website with the characteristics and quality described therein and according to the Conditions of Sale published on the Website at the time the order is transmitted by the Consumer, with the exclusion of any other condition or term. MO di Antonella Gasparroni points out, however, that the images and/or the graphic representation of the Products displayed in the e-commerce section of the Website and/or in the illustrative cards of the Products may not correspond to reality, due to the effect of the instruments and/or computer and/or digital devices of the Consumer, and that MO di Antonella Gasparroni cannot be held responsible for said lack of correspondence.
2.2. MO di Antonella Gasparroni reserves the right to modify and/or update these Conditions of Sale at any time, at its own discretion, also as a consequence of changes in applicable laws and/or regulations. Any amendments made to the Terms of Sale shall be effective from the date of their publication on the Website and shall only apply to Product purchases concluded from that date.
2.3. The Consumer acknowledges that the Products offered for sale through the e-commerce section of the Website are subject to their availability at the time and that the categories, models, style and/or prices may be subject to variations and updates without prior notice. Such variations shall only apply to orders not yet confirmed on the date of the variation. In any case, before sending the purchase order, the Consumer is invited to check the availability of the Products, as well as their characteristics and price.
2.4 The Products offered for sale through the e-commerce section of the Site may only be purchased by Consumers requesting delivery in a European country as indicated on the Site.
3. How to buy Products
3.1 In order to conclude a contract for the purchase of one or more Products through the e-commerce section of the Website, the Consumer shall be required to fill in a purchase order for the Products. The purchase order can be compiled in Italian and English (in the event of inconsistencies between the Italian and English versions, the Italian version shall prevail) and once transmitted by the Consumer to Mo di Antonella Gasparroni through the e-commerce section of the Website, has the value of a contractual proposal governed by these Sales Terms and Conditions, which form an integral part of the order itself and which the Consumer, by transmitting the order to Mo di Antonella Gasparroni is obliged to accept in full and without any reservations.
3.2 The Consumer's purchase order is accepted by Mo di Antonella Gasparroni with the sending to the Consumer, to the email address declared by the latter at the time the order was sent, of an email confirming the order containing a summary of the order placed, including a detailed indication of the price of the Products ordered, any shipping costs and a description of the characteristics of the Products ordered.
In any event, the order may not be accepted in the event that - by way of example but not limited to - it is not possible to obtain authorisation for payment from the Customer; the product is subject to shipping limits; in the event of non-availability of the Product . In case of non-acceptance of the order, Mo di Antonella Gasparroni will therefore promptly inform the Customer and refund the same if the payment has already been made. In this case the Customer shall not be entitled to any other indemnity or compensation. Orders sent by persons under the age of 18 will not be accepted.
3.3 Each Product purchase contract is understood to be concluded between the Parties when the Customer receives the order confirmation from MO di Antonella Gasparroni by e-mail.
4. Product Prices and Payments
4.1 The price of the Products is expressed in Euro and includes VAT. To this price will be added the shipping and delivery costs, highlighted separately in the Order.
You acknowledge that the price of the Products is subject to change and update, without prior notice. We invite you to check the final price of the Products before sending the Order to MO di Antonella Gasparroni.
4.2 For the payment of the price of the Products you may make a bank transfer.
The payment of the final price of the Products shall be made by you concurrently with the Order.
The Consumer expressly accepts that the execution of the contract for the purchase of the Products by MO di Antonella Gasparroni shall commence when the price of the Product/s purchased is credited to MO di Antonella Gasparroni's bank account.
You acknowledge that in the event that, for any reason, the debiting of the payment of the price of the Products is not made within 5 (five) days from the transmission of the Order, the Order shall be cancelled and MO di Antonella Gasparroni shall have the right not to proceed with it.
4.3 For each Order placed on the Website, Mo di Antonella Gasparroni shall issue an invoice for the Products shipped. For the issuance of the invoice the data and information provided by you when filling in the Order shall be used.
5. Shipping and Delivery of Products
5.1 The shipment and delivery of the purchased Products will be made to the recipient indicated by you in the Order, provided that the recipient is located in Europe.
5.2 The delivery time of 5 (five) days in case of shipment to Italy with an additional day for the islands and 8 (eight) days in case of shipment to another European country must be considered indicative and, in any case, Mo di Antonella Gasparroni undertakes to deliver within a maximum term of 30 (thirty) days, unless Mo di Antonella Gasparroni communicates, within the same term through email, the impossibility to deliver the ordered Products due to their unavailability, even temporary. In case of such communication,. Mo di Antonella Gasparroni shall refund any sums already paid by you.
For the method of payment by bank transfer the delivery period will start from the date of receipt of the amount by Mo di Antonella Gasparroni.
5.3 You acknowledge that possible delays in the shipment and delivery of the purchased Products may be caused by the temporary unavailability of the Products, by the temporary impossibility to receive the payment of the price of the Products ordered, by malfunctions in the service by the express courier, by force majeure or by holidays. Mo di Antonella Gasparroni is not responsible for unforeseeable delays and/or delays attributable only to the express courier.
5.4 The shipping costs vary from country to country of destination and according to the weight/volume of the Products to be shipped and are indicated in the final price of the Products indicated in the Ready Order.
Shipping and delivery of the purchased Products will be made by express courier, Monday to Friday. It is not possible to request delivery on specific days or times.
5.5 You acknowledge that in case of rejection of the Products by you or the addressee or in case of non-delivery of the Products for other reasons attributable to you or the addressee (e.g. wrong address and/or phone number of the addressee; repeated absence of the addressee, etc.) Mo di Antonella Gasparroni may retain and charge you an amount to cover the shipping costs of the Products, the price of the Products, reduced by this amount, will be refunded to you.
5.6 You acknowledge that in case of unavailability, even if only temporary, of one or more Products purchased, Mo di Antonella Gasparroni may proceed with the shipment and partial delivery of the available Products, without you being entitled to refuse them or to claim any indemnity or compensation. In this case, you will be charged the amount corresponding to the partially fulfilled Order.
6. Product Conformity
6.1 Mo di Antonella Gasparroni warrants to the Consumer that the Products will be free from defects in design and material, as well as complying with the descriptions published in the e-commerce section of the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty in case of use or washing of the Product not in compliance with the Product's own use and/or with the instructions/warnings on the matter provided by Mo di Antonella Gasparroni is excluded.
6.2 Under penalty of forfeiture of this warranty, the Consumer is obliged to report any defects and non-conformities within and no later than 2 (two) months from their discovery, by means of the email address indicated on the website.
6.3 Upon receipt of the return request, Mo di Antonella Gasparroni, shall send to the Consumer, at the e-mail address indicated by the same, the instructions and indications to proceed with the return of the Product reported as defective and/or non-compliant and obtain its replacement or the refund of its price. The instructions and indications transmitted to the Consumer by the Customer Service may contain the request that the Consumer provide documentation relating to the Product reported as faulty and/or non-compliant, such as photographs of the same and the tax documentation received at the time of its delivery. Upon receipt of the aforementioned documentation, Mo di Antonella Gasparroni, will evaluate the defects and non-conformities reported by the Consumer and, after having carried out quality controls to verify the actual defectiveness and/or non-conformity of the Product, will decide whether to authorize the return of the Products. In the positive case, Mo di Antonella Gasparroni, will send via e-mail to the Consumer, to the e-mail address indicated by the Consumer, a return authorization communication. Mo di Antonella Gasparroni's authorization to return the Products reported by the Consumer as defective and/or non-conforming shall not constitute in any way recognition of the defects or non-conformities reported, whose actual existence must be ascertained after the return. The Products of which Mo di Antonella Gasparroni has authorised the return must be returned by the Consumer, together with a copy of the return authorisation communication bearing the return code, within 30 (thirty) days from receipt of said communication, to the following address: via Gorizia n.40, Giulianova (TE), Italy.
6.4. In case of defects and / or non-conformity of the Products purchased and ascertained, the Consumer shall be entitled to the restoration of the conformity of the Product by Mo di Antonella Gasparroni, through repair or replacement or other alternative remedies expressly provided for in article 130 of the Consumer Code. If Mo di Antonella Gasparroni undertakes to reimburse the Consumer the price paid by the same, the reimbursement will be made by bank transfer. It will be the responsibility of the Consumer to communicate to Mo di Antonella Gasparroni, at the time of the return request, the bank details to make the bank transfer in his/her favour and to ensure that Mo di Antonella Gasparroni is put in the condition to be able to return the amount due.
7. Right of withdrawal
7.1 The consumer shall have the right to withdraw from the Product purchase contract concluded, without specifying the reason, within 14 (fourteen) working days from the delivery of the Products to you and/or to the recipient of the Products. However, there is no right to request the replacement of the Products delivered with other Products.
7.2 In order to properly exercise the right of withdrawal, you must
- that before the expiry of the aforementioned term of 14 (fourteen) days the consumer sends the return form to Mo di Antonella Gasparroni;
- that the consumer, if he/she has received the Product, is obliged to return it without undue delay and, in any case, within 14 (fourteen) days from the day on which he/she communicated his/her decision to withdraw, delivering it to the courier for shipment and delivery to Mo di Antonella Gasparroni at the following address via Gorizia n.40, Giulianova (TE), Italy
- that the consumer returns the Products intact and undamaged condition, in their original packaging, with the original identification tags and/or labels not removed. The Products must be returned intact, in their original packaging, complete in all its parts and complete.
We recommend that you return the Products using a courier service and that you ensure that you receive a tracking number so that the shipment can be traced and that you ensure that the Products to be returned are packaged carefully in order to safeguard them and/or their original tags and/or labels and/or packaging from damage.
8. Refund
8.1 Nel caso Lei abbia correttamente esercitato il Suo diritto di recesso, Mo di Antonella Gasparroni Le trasmetterà via posta elettronica all’indirizzo indicato nell’Ordine conferma dell’accettazione della restituzione e provvederà a rimborsarla,a mezzo bonifico bancario alle coordinate utilizzate per l’acquisto il prezzo dei Prodotti restituiti entro 30 (trenta) giorni dalla data in cui Mo di Antonella Gasparroni è venuta a conoscenza dell’esercizio del diritto di recesso.
8.2 Al Consumatore saranno rimborsati il pagamenti che ha effettuato, comprensivi dei costi di spedizione applicati, con esclusione tuttavia di eventuali costi di spedizione supplementari derivanti dalla eventuale scelta di un tipo di consegna diverso dal tipo meno costoso di consegna standard offerta con esclusione del costo di spedizione per il reso.
8.3 Nel caso lei non eserciti correttamente il Suo diritto di recesso, non avrà diritto al rimborso del prezzo dei Prodotti restituiti. Potrà tuttavia richiedere ed ottenere, a Sue spese, i Prodotti acquistati e restituiti nello stato in cui sono stati restituiti a Mo di Antonella Gasparroni.
8.4 Il Consumatore è responsabile della diminuzione del valore dei Prodotti risultante da un uso e/o una manipolazione dei Prodotti acquistati diversi da quelli necessari per stabilirne la natura, le caratteristiche e il funzionamento. Pertanto, qualora i Prodotti resi in esecuzione dell’esercizio del diritto di recesso risultino danneggiati (ad esempio con segni di usura, abrasione, scalfittura, graffi, deformazioni, ecc.), non completi di tutti i loro elementi e accessori (ivi incluse le etichette e i cartellini inalterati ed attaccati al Prodotto), non corredati dalle confezioni e imballaggi originali il Consumatore risponderà della diminuzione patrimoniale del valore del Prodotto reso e avrà diritto al rimborso dell’importo pari al valore residuo del Prodotto.
A tale fine, pertanto, il Consumatore è invitato a non usare né manipolare il Prodotto oltre quanto strettamente necessario a stabilirne la natura, le caratteristiche e il funzionamento e rivestire l’involucro originale dei Prodotti con altro imballo protettivo che ne conservi l’integrità e lo protegga prima di consegnarlo al corriere.
9. Consumer data and privacy protection
9.1 The Consumer acknowledges that the personal data provided by the same shall be processed by Mo di Antonella Gasparroni in accordance with and in compliance with the regulations set out in EU Regulation 2016/679, Legislative Decree 196/2003 (Privacy Code) and the 'to execute each contract for the purchase of Products and, subject to the consent of the Consumer, where required, for any further purposes as indicated in the Information Notice.
9.2 The Consumer declares and warrants that in providing the data to Mo di Antonella Gasparroni shall comply with the applicable laws and regulations, in particular by providing correct and truthful data and that he shall be responsible for the use of false, incorrect data and/or information and/or concerning third parties without their consent.
9.3. The Consumer may at any time update and/or modify his/her personal data provided to Mo di Antonella Gasparroni.
9.4 For any further information on the methods of processing of personal data, the Consumer may also access the Privacy Policy
10. Applicable law and competent court
You represent and acknowledge that the Terms of Sale are governed by Italian law. You represent and acknowledge that any dispute relating to the Conditions of Sale shall be submitted to the exclusive jurisdiction and competence of the court of the place of your residence or domicile, if you are a Consumer resident or domiciled in Italy, or, if not, by the Court of Teramo, Italy.
11. Language of the Terms of Sale
Le Condizioni di Vendita sono pubblicate sul Sito in versione italiana e inglese. In caso di discrepanza tra la versione italiana e quella inglese. il Consumatore accetta che prevarrà la versione italiana delle Condizioni di Vendita.
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