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This translation is for informational purposes only, and the final version of this page is the Italian language version.
TERMS AND GENERAL SALES CONDITIONS
General Terms and Conditions
These general conditions of sale (hereinafter referred to as the "General Conditions") apply to all sales of products (hereinafter referred to as "products" or "product") purchased through the website www.molomodo21.it (hereinafter referred to as the "Site").
The use of the distance selling service described in these General Terms and Conditions is reserved exclusively for consumers (hereinafter referred to as "Customers" or "Customer"), understood as natural persons acting for purposes unrelated to their own commercial, entrepreneurial or professional activities, if any.
The language available to conclude the contract is Italian.
The Customer is required to carefully read the General Conditions, made available to him on the Site, in order to allow their storage and reproduction by the Customer in accordance with Article 12 of Legislative Decree 9 April 2003 No. 70 (hereinafter referred to as "Ecommerce Decree").
The seller is Cavour 21 srl (hereinafter referred to as "C21") with registered office in Piazza Cavour 21r - 16128 Genoa - VAT No.: 02260490996 - Rea Number: GE - 47672
Contracts concluded with C21 through the Site are governed by Italian law and, in particular, by Legislative Decree No. 206 of September 6, 2005 (hereinafter referred to as the "Consumer Code") and the Ecommerce Decree.
Order and product information
Information relating to products for distance sale through the Site is available, with the relevant product codes, on the Site itself. This information is provided in accordance with Articles 52 and 53 of the Consumer Code.
Before submitting his purchase order, the Customer will have the opportunity to correct any data entry errors by following the appropriate editing procedure contained in the Site. In particular, the Customer has the right to change the quantity of the products he/she intends to purchase by adding or removing one or more products from the "Shopping Cart".
By sending the order, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts the General Conditions.
C21 reserves the right to evaluate the acceptance of orders received and to verify the actual availability of the products ordered. If some products are not in stock, C21 will process the order with the available products and notify the customer of any temporary lack of products.
Payment terms and prices
The prices of the products are inclusive of VAT and are expressed in Euros. Shipping costs are the responsibility of the Customer, except for any promotions that can be consulted at the "Shipping" page.
The Customer may make payment of the price of the products and related delivery costs by credit card (including Visa and Mastercard), PayPal, cash on delivery or by bank transfer.
The transaction will be charged to the Customer's credit card only after:
1) the credit card information has been verified (on a secure server directly from Stripe)
2) a charge authorization has been received from the company issuing the credit card used by the Customer
3) the availability of the product has been confirmed by C21.
C21 also accepts payments made by bank transfer. Any bank charges will be borne by the Customer. Payment must be made to the bank details indicated during the purchase process. And the sending of the order will take place only when the amount due is actually credited to the bank account indicated by C21.
In the event that, for whatever reason, the debiting of the amounts due by the Customer turns out not to be possible, the sales process is automatically annulled and the sale cancelled.
For orders of 250 euro and above, we reserve the right to request payment by bank transfer in advance.
Confirmation of receipt of the order
In accordance with the provisions of Article 53 of the Consumer Code, the Customer receives, at the time of execution of the contract, by e-mail, confirmation of receipt of the purchase order sent by the Customer, containing a summary of the General Conditions, the essential characteristics of the product ordered, its price, the amount paid, the existence of the right of withdrawal - with an indication of the time and method for returning the goods - the geographical address to submit any complaints and information on the existing support services and commercial guarantees.
Ineffectiveness of the order
No contract shall be deemed to have been concluded between C21 and the Customer if C21 has reasonable grounds to believe that the Customer is not acting on a genuine interest in the purchase of the products ordered, or is abusively exercising the "right of withdrawal" recognized by the article of the same name below. In such cases, the order placed by the Customer shall be deemed to be of no effect whatsoever. C21 will transmit to the Customer, by email, a notice stating the non-conclusion of the Contract, also taking care of the cancellation of any charge and / or expense borne by the Customer.
Shipping and delivery
The products purchased on the site will be delivered to the address indicated by the Customer, who has in any case the right to request delivery of the products to an individual of his choice. For the delivery of the goods, the presence of the Customer or his agent at the recipient's address indicated in the order and the signature of a person of legal age will be required.
It is the sole responsibility of the Customer to verify the delivery address issued. C21 reserves the right to charge the Customer for any additional costs due to changes made to the delivery address that are not communicated on time.
Delivery costs are the responsibility of the Customer, unless otherwise indicated, and are separately highlighted on the Site and in the order form.
Delivery takes place within the times indicated in the appropriate form , which are variable both by Italian region and by country.
C21 will send the Customer a confirmation email once the products have been shipped, which will specify the tracking number of the shipment through which it will be possible to view the status of the shipment on the Courier's website.
Goods receipt: obligations of the customer
Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages being delivered corresponds to what is indicated on the transport document and that the package is intact or not altered. Any damage to the package and/or products or the mismatch in the number of packages must be immediately contested by means of written control reservation on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer may not object to any dispute regarding the external characteristics of the delivered package.
Seller's liability: limitations
C21 is not responsible for inefficiencies attributable to force majeure of any kind, such as delays in delivery due to carrier strikes or the like, if it should fail for these to execute the contract within the agreed time. In addition, C21 is not responsible for any fraudulent and/or illegal use that may be made by third parties of credit cards and other means of payment, when paying for products purchased, since the PayPal or Stripe platform, where transactions take place and over which C21 has no access/control, uses the latest generation tools for the protection of data and privacy of customers.
Right of withdrawal
C21 has for sale on its Ecommerce showcase both perishable and non-perishable products.
With regard to perishable products, on their purchase is excluded the right of second thought, that is, the "right of withdrawal" (art. 52 Consumer Code): for "perishable food products" please refer to the classification contained in art 62 of Law 27/2012 and under the heading "agricultural, fish and pre-packaged food products that have a expiration date or a minimum shelf life not exceeding 60 days."
Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the purchase contract for any reason within 14 calendar days, without the need to provide explanations and without penalty. It 'except that, exercising the right of withdrawal, the Customer must return at his own expense the goods subject to return and once received in the warehouses of the seller, the latter will provide a refund.
If the customer decides to take advantage of the return must notify C21 within 14 calendar days from the date of receipt of the goods:
- by pec sent with the customer account address to the company pec (email@example.com);
- or by registered mail with return receipt addressed to: Cavour 21 srl - Piazza Cavour 21r - 16128 Genova
Upon receipt of the communication, C21 Customer Service will open a file for the management of the return and inform the Customer. Constitutes a necessary condition for the exercise of the right of withdrawal the substantial integrity of the product to be returned. The products must not have been damaged and / or altered.
The Customer, using its own Courier and at its own expense, must ship the purchased products properly packaged in the original packaging, or similar packaging that must be suitable for shipment by Courier.
The shipping address for returned products is as follows: Cavour 21 srl - Piazza Cavour 21r - 16128 Genova.
If requested by the Customer, C21's Customer Service will provide, through its Courier, to collect the returned products, sending the Courier to the address indicated by the Customer. The shipping costs, documented, will still be borne by the Customer who uses the right of withdrawal.
The refund of the full amount of the returned goods by C21, if the Customer exercises the right of withdrawal and including any shipping costs, will take place within 14 days from the date on which the notice of withdrawal was received, but C21 reserves the right to suspend the payment of the refund until the actual receipt of the goods. The refund will be made by the same method of payment used by the Customer, unless the Customer has expressly requested a different method.
However, the right of withdrawal is subject by Article 59 of the Consumer Code for distance and off-premises contracts and is EXCLUDED with respect to:
- the supply of goods or services whose price is linked to fluctuations in the financial market that the trader is unable to control and that may occur during the withdrawal period;
- the supply of custom-made or clearly customized goods;
- the supply of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery;
- the supply of goods that, after delivery, are, by their nature, inseparably mixed with others.
In case of conformity defects in products sold by C21 through its Ecommerce storefront, the Customer should contact Customer Support as soon as possible at the following e-mail address: firstname.lastname@example.org.
The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The Customer has the right to restoration, without charge, of the conformity of the goods by repair or replacement or to an appropriate reduction in the price or termination of the contract. The Customer forfeits these rights if he/she does not report the lack of conformity to C21 within two months from the date he/she discovered the defect, except in the case of perishable products (in the case of products sold by C21 these are those to be stored in the refrigerator).
The product information provided on the Site is constantly updated, but it is not possible, however, to guarantee the complete absence of errors. C21 reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted and likewise to change or update information at any time without prior notice.
Applicable Law and Jurisdiction
These General Conditions and the sales contracts between C21 and Customers are governed by Italian Law and must be interpreted in accordance with the same.
For disputes arising from the interpretation, validity and/or execution, of these General Conditions or of individual Purchase Orders the mandatory territorial jurisdiction shall be that of the judge of the Court of Genoa.
For further information please write to Customer Service directly on the site in the "Contacts" section or by e-mail at the following address: email@example.com.