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Termini e condizioni

TERMS OF SALE E-SHOP MOKADOR SRL

The “Mokador” brand products for sale on the website https://shop.mokador.it (hereinafter the “Site”) owned by Mokador Srl. (Hereinafter “Mokador”), with registered office in Faenza (RA ), in Via Provinciale Granarolo n.139, Register of Companies of the Chamber of Commerce of Ravenna, registration number in the REA 198512, Tax Code 02401670399 and VAT number 02401670399, are sold and invoiced by My Log Srl, with registered office in Via delle Arti Minori, 180, Block 39 – Centergross – 40050 Funo di Argelato (Bo), tax code, VAT number 02624321200 and registration number in the Bologna Company Register BO454044.

These general conditions of sale (hereafter “Conditions of Sale”) govern the offer and sale to the consumer and / or professional buyer of products via the Site and are prepared and provided in compliance with the provisions of Legislative Decree September 6, 2005

  1. 206 (so-called “Consumer Code”) as regards sales to the consumer, as defined below, and any other legislation applicable to electronic commerce, including Legislative Decree April 9, 2003 n. 70.

For any additional information regarding orders, shipments and purchases, as well as for any request for assistance, please contact My Log S.r.l. through Customer Service.

 

  1. CONTRACTUAL PARTIES – DISTRIBUTION POLICY

The parts of the contract for the sale of products on the Site are:

-My Log S.r.l. (hereinafter “Seller”), with registered office in Via delle Arti Minori, 180, Block 39 – Centergross – 40050 Funo di Argelato (Bo), tax code, VAT number 02624321200 and registration number in the Bologna Company Register BO454044 ;

– The “Customer”: the final consumer, or any natural person who makes purchases through the Site for purposes unrelated to any business, commercial, craft or professional activity that may be carried out (hereinafter the “Consumer”); or the professional buyer, or any legal or natural person with VAT number invoicing who, by means of an appointed and authorized natural person (owner, legal representative, employee, collaborator) – in the case of a legal person – concludes purchases through the Site in the exercise of his entrepreneurial, commercial, craft or professional activity (hereinafter the “Professional”). The indication of your VAT number and the request to receive the related invoice are intended as conventional proof for the purpose of defining the sale as a sale to Professional.

Depending on the type of customer – consumer or professional – who will finalize the contract, different rules and conditions of sale will apply, as better specified below. It should be noted that the Seller sells Mokador brand products through the Site exclusively within the Italian territory and in the Republic of San Marino. Therefore, purchase requests that require a delivery address outside the territories mentioned above will not be accepted by the Seller. These Conditions of Sale do not regulate the sale of products by subjects other than the Seller and, therefore, do not apply to products or services provided by third parties, even if they are eventually present on the Site through links, banners or others hyperlinks.

 

  1. ACCEPTANCE AND MODIFICATIONS OF THE TERMS OF SALE

Before placing a purchase order through the Site in accordance with the procedure provided for in article 4 of these Conditions of Sale, the Customer declares to have read and understood these Conditions of Sale as well as all the information provided to him during the purchase procedure and contents of the sections Terms of use, Privacy Policy, and to accept them in full, by affixing a flag in the indicated box. The Seller reserves the right to change the contents of these Conditions of Sale and the forms containing the Terms of use of the Site, the Privacy Policy and the Cookie Policy, giving evidence of this on the Site. We therefore invite you to periodically consult the Site to check for any updates or changes, which will be effective after publication on the Site. In any case, the Conditions of Sale applicable to a purchase will always be those in force when the relevant order is placed by the Customer. The Conditions of Sale apply regardless of the nationality of the Customer, provided that the delivery of the products takes place in Italy or in one of the countries for which the Site provides the delivery service, as specified in art.1.

 

  1. CHARACTERISTICS OF THE PRODUCTS

 

The products offered for sale by the Seller through the Site are exclusively those presented on the Site at the time of the submission of the purchase order by the Customer, as described in the relevant information sheets. It is understood that the images and colors of the products on the Site are for illustrative purposes only and may change and / or not exactly correspond to the real characteristics due to the effect of the Internet browser and the monitor used to access the Site.

 

  1. LANGUAGE – METHOD OF CONCLUSION OF THE CONTRACT

The language available to conclude the contract with the Seller is Italian. To make a purchase order, the Customer must have a personal account on the Site, then fill out and transmit the respective order form (hereinafter the “Purchase Order”) electronically following the instructions provided during the purchase procedure. In the Purchase Order, which the Customer will view in its entirety before the conclusion of the contract and in any case before making any payment, the essential characteristics of each product ordered are described and the price is indicated (inclusive of all taxes or applicable taxes), the terms and methods of payment of the products ordered, the shipping costs and / or applicable taxes, as well as a summary of any special conditions of sale. With the electronic transmission of the Purchase Order, the Customer unconditionally accepts and undertakes to comply with these Conditions of Sale. If you do not agree with some of the terms set out in the Conditions of Sale, therefore, we invite you not to submit the Purchase Order. Following the receipt of the Purchase Order, the Seller will verify the availability of the product ordered and, upon the outcome of this verification, will send the Customer, to the e-mail address from the same press release, a confirmation of receipt of the Order. Purchase (called “Order Confirmation”). This Order Confirmation will contain these Conditions of Sale and all the information already contained in the summary of the contract conditions displayed before proceeding to send the Purchase Order, as well as the data entered in the Purchase Order by the Customer, so that the same can verify the same and possibly communicate without delay the necessary corrections of incorrect data. The sales contract is concluded and finalized when the Seller sends the Order Confirmation electronically to the Customer, after verifying the correctness of the data provided and transmitted by the Customer. The Purchase Order and the Order Confirmation will be filed in the Seller and / or Mokador database and may be printed or saved on a durable medium for the period of time necessary for fulfillment and in any case no later than the terms of law, but also beyond if this is necessary for ongoing administrative or judicial proceedings.

The Seller reserves the right not to process Purchase Orders that are incomplete or incorrect or inconsistent with the distribution policy referred to in Article 1 of these Conditions of Sale, as well as in the event of unavailability of the ordered products. In these cases, the Seller will promptly inform you by e-mail that the contract has not been completed and that the Seller has not followed up on the Purchase Order, specifying the reasons. In particular, if the products presented on the Site are no longer available or on sale at the time of the transmission of the Purchase Order, the Seller will promptly notify you of the unavailability of the Products. In such cases, the contract will not be completed and, if already concluded for any reason, it will be considered automatically terminated and no amount will be charged; any payments already made will be returned to you. Any liability for direct or indirect damage to people and / or things caused by the non-acceptance of an order for the reasons mentioned above is expressly excluded. The Customer can at any time monitor the status of his order through the tracking number provided by the courier in the e-mail of departure of the shipment. The Customer, in any case, is always required to keep the Order Confirmation containing the order number communicated to him by the Seller, being necessary in any communication with the Seller.

 

  1. DELIVERY OF PRODUCTS

The products purchased through the Site will be delivered by the Seller, by courier to the address indicated in the Purchase Order in the case of sale to the Consumer, indicatively within 5 (five) working days from the time of the conclusion of the contract as identified above at art. 4. If the products purchased are limited editions, or the relative contract is concluded in the context of promotional initiatives, during prize events or temporary initiatives of any nature, the delivery period indicated above may vary based on the availability of the product or the characteristics of the promotion. These changes will be suitably communicated on the Site and / or by sending e-mails or other methods of communication. Upon delivery of the Products to the courier, the Consumer will receive a communication from the Seller to the e-mail indicated in the Purchase Order, in which it will be confirmed that the order has been processed and entrusted to the courier. The courier then, by communication to the e-mail indicated in the purchase order or sms, will provide the customer with the tracking number of the shipment with the expected delivery date and time slot. In the event that the courier fails to make the delivery for any reason, he will leave a notice of passage indicating the numbers useful for setting a new delivery date.

 

  1. PRICES AND PAYMENT METHODS

The products are offered for sale at the price and shipping costs indicated on the Site at the time the relevant Purchase Order is made. Product prices may be subject to changes and variations. We therefore invite you to check the final sale price before submitting the relevant order form and thus confirming the purchase. The prices indicated on the Site are to be considered inclusive of taxes and VAT and, unless otherwise indicated on the Site, they do not include any additional costs for shipping and delivery which, where applicable, are however made known to the Customer through specific indications on the Site or in these Terms of Sale.

The following payment methods are provided:

  • by credit card, through the secure Paypal server or other secure server chosen by the In this case, the price for the purchase of the products and any shipping costs will be charged at the time of shipment of the purchased products;
  • cash on delivery, paying in cash at the time of delivery of the purchased goods, with a supplement applicable according to the indications on the Site;
  • through the PayPal platform, selecting it during the purchase procedure. Then; you will be redirected to the secure PayPal servers where, by logging in with your credentials, you can complete the payment according to the specific methods of the same In this case, the price for the purchase of the products and any shipping costs will be charged at the time of sending the Order Confirmation.

In case of payment by credit card, the financial information (for example, the credit / debit card number or the expiry date) will be transmitted, via an encrypted protocol, directly to the banks that provide the related electronic payment services to distance, without third parties having access to it. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relative refunds in case of any product returns, following exercise of your right of withdrawal, or if it becomes necessary prevent or report the commission of fraud to the police through the Site.

If not contextual to the order, in the event of non-payment or delayed payment, without prejudice to the right to interest to the extent provided by Law 231/2002 against the Professional, the Seller will have the right to suspend the execution of the Purchase Order, therein including shipments already in progress, as well as to terminate the sales contract pursuant to art. 1456 of the Italian Civil Code

 

 

  1. RIGHT OF WITHDRAWAL

(art.52 and Legislative Decree 6 September 2005 n.206) – applicable only to the Consumer The Consumer has the right to withdraw from the contract by means of a communication containing the data necessary for the identification of the Customer and the contract, to be sent to the Seller by registered letter with acknowledgment of receipt at the address Via delle Arti Minori, 180, Block 39 – Centergross – 40050 Funo di Argelato (Bo) or by e-mail mokador@mylog.it of MyLog. The withdrawal is effective only if exercised no later than 14 days from the date of delivery of the products. The Seller, as soon as he receives the notice of withdrawal, will immediately contact the Consumer by telephone or e-mail in order to communicate the address of the place where the products must be sent back; the Consumer will therefore take care of the return of the products to the Seller in accordance with these indications without delay and in any case no later than the following 14 days. The Seller, in the 14 days following receipt of the communication relating to the withdrawal, will fully refund the amount paid by the Consumer. The costs of returning the products to the Seller are borne by the Consumer. Without prejudice to the exceptions to the right of withdrawal provided for by art. 59 Consumer Code, an essential condition for exercising the right of withdrawal is the integrity of the products and their packaging to be returned. The Consumer will still be responsible pursuant to art. 57, co. 2 of the Consumer Code, of the decrease in value of the products supplied resulting from a manipulation of the aforesaid other than that necessary to establish their nature, characteristics and functioning, with the Seller’s right in the event of confirmation of said decrease attributable to the Consumer, of compensate the amount corresponding to the aforementioned decrease in value with the amount to be reimbursed to the Consumer as a result of the withdrawal, without prejudice to the right of the Consumer to demand from the Seller double the sum paid if it is the Seller not to conclude the contract outside the cases expressly received under art. 4 or to withdraw. For further information on exercising the right of withdrawal, customer service can be contacted.

 

  1. PRIVACY

Personal data will be processed by the Seller and Mokador, and by their employees, agents and / or employees in compliance with Legislative Decree no. 196/2003 (Privacy Code) and European legislation in force (EU Reg. N. 679/2016). You can obtain information on how the Seller and Mokador process your personal data by accessing the information on the processing of personal data (https://shop.mokador.it/privacy/) which we invite you to consult periodically, for check for any updates or changes. For other conditions relating to the use of the Site, please also read our Terms of Use of the site and the information on Cookies (Cookie Policy), which we invite you to consult periodically to check for any updates or changes.

 

 

  1. CUSTOMER CARE

For any information or complaint, you can contact the Seller at the following Customer Service numbers: Telephone: 0546 607474 E-mail: e-commerce@mokador.it Hours: Monday – Friday from 9.00 to 13.00 and from 14.00 to 18.00

 

10. APPLICABLE LAW – COMPETENT COURT

The Conditions of Sale and all contracts governed by them are governed by Italian law and, limited to sales to the Consumer, by Legislative Decree 6 September 2005 n. 206 (so-called Consumer Code), with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects of electronic commerce. Although not expressly governed by these Conditions of Sale as supplemented by the particular conditions agreed by the parties during the completion of the purchase procedure, the contract concluded by the Professional is governed by the Civil Code, in particular by Articles 1470 et seq. The exclusive place of jurisdiction for the resolution of any dispute deriving from or in any case connected to these Conditions of Sale and / or to the sales contracts that may arise between the Seller and the Professional will be that of Bologna. Jurisdiction for the resolution of any dispute against the Consumer will be that provided by the Italian legislation in force at the time of the conclusion of the contract.    The European Commission provides a platform for online dispute resolution, which can be accessed via this link: http://ec.europa.eu/consumers/odr/.

Specific approval In the electronic order, in addition to the acceptance of the Conditions of Sale, specific acceptance pursuant to and for the purposes of articles 1341 and 1342 c.c. – in the manner provided by the e-commerce program – of the clauses: 2 (acceptance and changes to the conditions of sale), 3 (characteristics of the products), 4 (language – method of conclusion of the contract), 5 (delivery of the products) , 6 (prices and payment methods), 10 (Applicable law – Jurisdiction).