general conditions of sale
2. Conclusion of the contract
3. Prices of Products and Payment
4. Delivery of Products
5. The products’ characteristics and the seller’s guarantee
6. Right of withdrawal. Return of products
7. Display of the website
8. Processing of personal data
9. Complaints, disputes and applicable law
1.1. For the purposes of these General Conditions of sale through the Website and in addition to the other definitions included herein, the following terms will have the meaning indicated hereunder.
1.2. "General Conditions", “General Conditions of Sale”: they are the conditions of sale that apply to the sale of Products by the Seller to the Customer through the Website.
1.3. The "Seller" is the licensee of the MOU trade-mark and seller of the Products. The Seller is Artcrafts International S.p.a. with its registered office at no. 44 via Datini, 50126 Florence (Italy), VAT and company identification code IT04165990484, entered in the Business Register under the number 423313 at the Chamber of Commerce, Industry, Craftwork and Agriculture of Florence; telephone +39 055 68189, fax +39 055 680372, e-mail: firstname.lastname@example.org
1.4. For the purposes of these General Conditions, the “Products” are all MOU branded products marketed by the Seller and illustrated on the Website.
1.5. The "Customer" is solely the purchaser of Products qualified as a “consumer” under art. 18, Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”).
1.6 "Website": the set of Web pages consultable on the internet network at the following address: www.mou-online.com .
1.7. “Contract”, “Contract of Sale”: the on-line contract concluded between the Customer and the Seller through telecommunications instruments, whose content is represented by these General Conditions and whose purpose is the sale of Products by the Seller to the Customer through the Website.
2. CONCLUSION OF THE CONTRACT
2.1. For a purchase order on the Website to be legally passed, the Customer has to be prepared to provide an e-mail address and to be in possession of the requirements laid down by the law to legally execute purchase contracts.
2.2. All the Contracts are solely concluded through the telecommunications access to the Website on the part of the Customer. Following the procedures indicated on the Website, Customers are guided through the various stages that lead to the conclusion of the selected Product’s purchase contract.
2.3. The page of the Website dedicated to forwarding purchase orders contains a link to the General Conditions of Sale and contains information about every ordered Product’s main characteristics and applicable price (including applicable taxes in the Countries belonging to the European Union), the type of payment used to purchase, the Products’ terms of delivery, the charges requested for the delivery and transport and the terms and conditions for the return of Products purchased through the Website. The Products’ illustration and price indication is merely an invitation to forward a purchase order.
2.4. The Seller is entitled not to accept purchase orders: (a) from persons who do not qualify as Consumers as indicated under point 1.5 of these General Conditions; (b) that are not fully, correctly and accurately filled in; (c) from persons who do not provide solvency guarantees; (d) of Products for delivery in Countries for which the forwarding service is not specified. The Seller reserves the right to ask the Customer to send the documentation as proof of the veracity of the information provided by the Customer and to subordinate the acceptance of the purchase order to the positive examination of this documentation. The Products are available for the purchase as long as they are still visible on the Website and, in any case, as long as they are present in the Seller’s inventory. The Seller reserves the right not to accept purchase orders whenever Products are unavailable for any reason whatsoever albeit only temporarily. The Seller will inform the Customer via e-mail that the purchase order has not been accepted.
2.5. All the purchase orders transmitted to the Seller must have been filled in completely. The Seller is entitled to refuse incomplete orders. Before proceeding with the order’s dispatch, it will be suggested to the Customers: (a) to read again the purchase order and correct, following the special instructions, any errors that have been committed while filling in the blank spots; (b) to read the General Conditions and the report on the right of withdrawal and to print and keep aside a copy of them for their personal use; (c) to comply with what is specified under clause 8 of these General Conditions and in the Privacy section. Once the purchase order has been transmitted, the provisions set under the letters from “a” to “c” of this point will respectively be considered correct and fully understood and accepted.
2.6. The Seller will acknowledge receipt of each purchase order through a message sent to the e-mail address indicated by the Customer. The purchase order is applicable as the Customer’s on-line contractual proposal. The Seller’s confirmation of the purchase order, transmitted to Customers at the e-mail addresses indicated by them, confirms the data of the purchase order and constitute a valid acceptance of the contractual proposal. The Contract is considered concluded, and binding on both parties, at the time in which the purchase order’s confirmation is sent to the Customer. Once the Contract has been concluded, the purchase order will be processed as soon as possible. The purchase order will be filed in the Seller’s database and the Customers can consult it at any time by accessing their Account.
2.7. Without prejudice to what is specified otherwise in the General Conditions, it is agreed that every order’s content is that of separate and severable acts of sale for each specified item, as many as the ordered Products. Therefore, by forwarding purchase orders for several Products, the Customers consent to these orders being only partially accepted by the Seller (due to the unavailability of some Products or for some other justified reason) and the Customer is bound to purchase and pay for the Products concerning the orders passed. The partial carrying out of orders on the part of the Seller cannot, therefore, be refused by the Customer nor, without prejudice to the right of withdrawal, will it entitle the Customer to revoke the order itself.
3. PRICES OF PRODUCTS AND PAYMENT
3.1. All the Products’ sale prices indicated on the Website, unless stated otherwise, include VAT and any other tax in force in the Countries belonging to the European Union.
3.2. The prices of Products indicated on the Website time by time annul and replace the previous prices. The price of Products applicable to the Customer will be indicated on the Website at the time of forwarding the purchase order.
3.3. The Products may be paid for by using the payment instruments selected by the Customer among those enabled by the Seller on the Website. Payments made through credit cards or with other electronic forms are carried out through a protected link, directly connected to the Bank that is the owner and managing agent of the on-line payment service with which the Seller has an arrangement or on one of the international payment networks (for example, PayPal). The Seller does not come into possession of the Customer’s credit card data and may not be held responsible for any of its fraudulent uses.
3.4. The Products’ purchase price and delivery expenses will be debited by the Seller to the Customer at the time of acceptance of the purchase order, unless they are paid through cash on delivery where allowed. Where, for any reason whatsoever, it is impossible to debit the amount due, the sale process will automatically be terminated, the sale will be cancelled and any sums already debited to the Customer against the prospected sale will be credited again at their face value. The Customer will be duly informed of that via e-mail. The fiscal documentation (invoice) is issued by the Seller according to data concerning the user’s code as generated upon registering on the Website.
4. DELIVERY OF PRODUCTS
4.1. The delivery of Products is subordinated to the payment of the applicable price on the part of the Customer unless it is paid for through cash on delivery where allowed. Accepted purchase orders will be sent and delivered by means of a carrier and/or a forwarding agent selected by the Seller. Carriage charges are borne by the Customer.
4.2. The details of the Products’ carriage and delivery procedures can be consulted by the Customer on the page of the Website dedicated to "Deliveries". The content of the page dedicated to "Deliveries" forms an integral and substantial part of these General Conditions and is considered as understood and fully accepted by the Customer at the time of sending the order form.
4.3. According to what is specified by the Consumer Code, the Products will be delivered within 30 working days at the maximum starting from the day following on the date that the Seller accepted the Products’ purchase order or the date in which the Seller received payment of the Products whichever comes last.
4.4. All the Products are delivered equipped with a label and/or a nameplate fixed with a seal. In terms of these General Conditions, it will be impossible to return a Product if this label and/or nameplate have been removed or altered.
5. THE PRODUCTS’ CHARACTERISTICS AND THE SELLER’S GUARANTEE
5.1. The Products’ main characteristics are indicated on the Website on the page dedicated to them and on the Faq (Frequently Asked Questions) page. The Products offered for sale on the Website might not be exactly realistic in terms of their image and colors due to the browser or to the type of monitor used. The images merely serve as an indication. The Products’ technical particulars and their certifications and specific security requirement statements are indicated on the label or in the package or in the Products’ directions for use. All the Products comply with the standards and are certified according to what is specified by the European Union’s legislation. The Seller does not answer for any dissimilarities as compared to the standards of Countries that do not belong to the European Union and/or for the lack of Products’ certification in the same countries.
5.2. All the Products are guaranteed against non-compliance defects for no less than 24 (twenty-four) months, as specified and regulated by Title III, Chapter I of the Consumer Code (art. 128 et seq.). This guarantee is confined to the European Union’s territory (“Legal compliance guarantee for consumer goods”). The guarantee applies to Products that have a compliance defect on condition that the Product has been used correctly, in compliance with its intended use and whatever is specified in the technical documentation or directions for use attached to it. This guarantee is only provided to Customers who correspond to the definition under point 1.5 of the General Conditions.
5.3. Should a Product’s compliance defect be reported in time, the Seller will restore that Product back to its pristine condition at its own expense by way of repairing and/or replacing it or by reducing the price, save where the sale contract is cancelled if necessary. Assistance under the guarantee is provided once the Product’s purchase docket has been shown. The Seller reserves the right to replace the non-compliant Product with a product that has equal or superior characteristics or to terminate the contract of sale by returning the entire sum paid and any additional expenses should it be impossible to bring a Product under guarantee back to its pristine condition or to replace it for any reason whatsoever.
5.4. Should a Product be returned in order to be able to benefit from the guarantee, the Product must be returned in its original package, which must be complete in all its parts (including its wrapping and any supplementary documentation and equipment) and undamaged.
6. RIGHT TO WITHDRAWAL, RETURN OF PRODUCTS
6.1. The Customers who correspond to the definition under point 1.5 of the General Conditions are entitled to withdraw from the Contract without any penalty and without specifying the reason, within 14 working days from the date in which they received the merchandise.
6.2. The shipping charges for returning the goods shall be borne by the customer. The merchandise must be returned to the Seller at the following address: Artcrafts International S.p.A. c/o L & T.C. S.r.l. Via di Gonfienti, 4/17 - Loc. Interporto 59100 Prato - PO - Italy The risks associated with the transport of the Products the return of which is requested is solely borne by the Customer.
6.3. Customers may legally exert their right of withdrawal only and absolutely vis-à-vis Products: (a) returned in their original package, complete in all its parts (including its internal and external wrapping and any supplementary documentation and equipment) and undamaged; (b) intact and complete with accessories, which have never been used and are unaltered and undamaged and in the same conditions in which they were received by the Customer. Should the package or wrapping be damaged, the Customer is under the obligation to point it out to the carrier and/or the forwarding agent at the time of redelivering the Products, failing which the right to return the Products will lapse.
6.4. The return of Products following on withdrawal under the points set forth herein above is allowed anyway only if it is specifically authorized by the Seller in terms of the procedure under this clause. Without prejudice to whatever is stated under point 6.3, in order to have their Products returned, the Customers must comply with the following instructions: (a) fill in completely and correctly and electronically send the return form available in the Website’s Account section following the instructions given therein within 14 working days from the date of receipt of the merchandise. Alternatively the Customers can notify their exercise of the right of withdrawal within the same 14-day deadline: (i) through a registered letter with advice of receipt addressed to the Seller or (ii) fax the number +39 055 680372 or e-mail email@example.com ; (b) return the Products purchased by means of one single order through one single delivery. The Seller will not accept the return of Products sold by virtue of one same order that the Customer sent back separately; (c) deliver to the carrier the Products for returning within 10 working days from the date on which the Customer received them.
6.5. The return of Products vis-à-vis which Customers exercised their right of withdrawal in compliance with the limitations laid down by the law and by these General Conditions will entitle Customers to the reimbursement of the applicable purchase price. A return that is unauthorized and/or anyway unaccepted by the Seller in that it does not comply with the aforementioned conditions will be notified to the Customers who can choose whether to ask for the Products’ delivery at their own expense.
6.6. After the Seller has received the returned Products and verified their compliance and the exercise of the right to withdrawal specified by the law and by the General Conditions, the Seller will send the Customer an e-mail of confirmation that the return has been accepted and will reimburse the Customer the price of the returned Products, net of the carriage charges wherever they are chargeable to the Customer.
6.7. If the Products were paid: (a) with a credit card or with a prepaid card, the amount for reimbursement will be credited back to the same card used by the Customer to make the purchase; (b) through PayPal, the amount for reimbursement will be credited back to the same PayPal account used by the Customer to make the purchase; (c) through cash on delivery, the amount for reimbursement will be credited back to the current bank or post office account that the Customer has indicated on the return form.
6.8. The time required to obtain the actual reimbursement of the price paid to purchase the returned Products depends on the correctness of the data provided to the Seller and on the time taken by the banks that attend to the necessary transactions. Customers are notified and accept that it must take no longer than 30 days from the date on which the Seller received the returned Products and verified that the withdrawal and the Products comply with the applicable conditions before this reimbursement is actually credited back to them.
7. DISPLAY OF THE WEBSITE
7.1. The Seller reserves the right to suspend the Website’s visibility completely or even only partially in relation to all the demands connected to its efficiency and security. In these cases, where it is possible and easy and unless special circumstances arise, the Seller will advise the Customers via e-mail.
8. PERSONAL DATA PROCESSING
8.1. Personal data advised to the Seller by the Customer in purchasing Products are collected and processed by the Seller with the following aims: (i) to register Customers and activate the procedures to perform their Contracts; (ii) to notify Customers about Products’ novelties and about the Website; (iii) to conduct market research and (iv) to provide Customers with information that is relevant with regard to the aforementioned points. The Customer’s personal data will be notified to third parties only to carry out the activities required to perform the Contract.
8.2. The Seller is entitled to ask the Customer for a copy of the documents deemed necessary by the Seller in order to verify the legal, efficient performance of the Contract and as an essential condition for its conclusion.
8.3. Not providing the Seller with the information on personal data and the required documents will entail the purchase rejection of the purchase order or, as the case may be, the Contract’s cancellation on the part of the Seller.
8.4. Customers are entitled to be informed about the processing of their personal data, their right to their correction and/or cancellation and their right to be informed that these corrections and cancellations have occurred in compliance with the application of the legislation on Privacy.
9. COMPLAINTS, DISPUTES AND APPLICABLE LAW
9.1. Customers can forward complaints by notifying the Seller’s Registered Office and/or the fax number indicated under the aforementioned point 1.3 or via e-mail to the following e-mail address: firstname.lastname@example.org .
9.2. Every dispute regarding the Contract’s application, performance, interpretation and breach is solely submitted to the Italian jurisdiction.
9.3. Where the General Conditions do not specify otherwise, the Seller is entitled to amend the General Conditions at any time. The General Conditions that apply legally to every purchase order of Products are the ones in force at the time in which this order was forwarded. Without prejudice to legislation that has to be applied, the Contract and every relationship with the Seller are likewise governed solely by Italian law with special reference to the Legislative Decree 185 of 1999 and the Legislative Decree 206 of 2005.
9.4. By forwarding the Products’ purchase order through the Website, the Customer fully accepts the aforementioned clauses 8.1., 9.2. and 9.3.