Introduction
These general terms and conditions govern the sale of products marketed on www.mood03.com and the relationship that the customers of said website have with Ro.Sa. srl, the owner of the site. All purchase contracts concluded between the parties (seller and customer) concerning products marketed on the website www.mood03.com, will be governed by these General Conditions.
1. Acceptance of the general sales conditions
The contract concluded between Ro.Sa.srl and the Customer must be considered concluded with the acceptance, even partial, of the order by Ro. Sa. Srl, which reserves the right, at its sole discretion, to accept the order.
Acceptance is considered tacit, if not otherwise communicated by any means to the Customer. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions transcribed below.
If the Customer is a consumer (a natural person who purchases goods for purposes not related to his/her professional activity, or makes the purchase without indicating a VAT number in the order form), once the online purchase procedure is completed, he/she will print or save an electronic copy and, in any case, keep these general sales conditions, in compliance with the provisions of articles 3 and 4 of Legislative Decree 185/99 on distance sales.
The Customer has no right to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order.
2. Buying on mood03
The Customer can only purchase the products available in the electronic catalog of MOOD03. The technical information inserted on the website www.mood03.com accurately reproduces that of the manufacturers of the goods listed in the catalog. Ro.Sa.srl reserves the right to modify/adjust the technical information of the products to adapt them to those provided by the manufacturers, without the need for any prior notice. It is understood that the image accompanying the product description may not be perfectly representative of its characteristics and may differ in color, size, and accessories shown. All purchasing support information (product description, images, etc.) is to be considered as simple generic informative material, not referring to the real characteristics of each individual product.
The correct receipt of the order is confirmed by Ro.Sa.srl with an email response sent to the email address communicated by the Customer. This confirmation message will include the Date and Time of order execution and a 'Customer Order Number', to be used in any further communication with Ro.Sa.srl. The message reproduces all the data entered by the Customer, who undertakes to verify its correctness and to communicate any corrections promptly, according to the methods described in this document.
In the event of non-acceptance of the order, Ro. Sa. Srl undertakes to promptly notify the Customer, using the same methods.
All prices on the website are to be intended as retail prices and, therefore, inclusive of VAT. Ro. Sa. Srl reserves the right to change prices at any time, without prior notice.
Since the simultaneous access of many user-customers and the simultaneous possibility of "on-line" orders modify the product availability, Ro. Sa. Srl does not guarantee the full availability of the ordered goods.
3. Payment methods
Mood03 offers the customer the possibility to pay for the order using various payment methods:
- Bank Transfer in Advance
In case of payment by Bank Transfer in Advance, what is ordered by the customer is kept reserved until the receipt of proof of the transfer, within and no later than 5 working days from the date of acceptance of the order. The ordered items are shipped only upon actual credit to the Ro. Sa. Srl's bank account, which must occur within 7 working days from the date of acceptance of the order. After these deadlines, the order will be canceled.
- Credit Card, Debit Card, and PostePay
In cases of purchasing goods with Credit Card, Debit Card, or PostePay, at the time of concluding the online transaction, the reference bank will authorize the debit of the amount relating to the purchase made. The amount for the processed goods will be debited to the Customer's credit card at the time of the actual fulfillment of the ordered goods. Accepted credit cards are all those belonging to the Visa, Mastercard, and American Express circuits.
In the event of order cancellation, both by the Customer and in the event of non-acceptance by Ro. Sa. Srl, the latter will simultaneously request the cancellation of the transaction and the release of the committed amount. Cancellation is possible until the goods are shipped. The release times, for some types of cards, depend exclusively on the banking system and can go up to their natural expiry (24th day from the authorization date). If the cancellation of the transaction is requested, under no circumstances can Ro. Sa. Srl be held responsible for any damages, direct or indirect, caused by delays in the non-release of the committed amount by the banking system.
If the Customer's order is fulfilled beyond the 23rd day from the submission date, Ro. Sa. Srl will still debit the Customer's credit card with the amount due, even if in advance of the physical delivery of the goods, in order to avoid the expiration of the transaction authorization (24 days).
Ro. Sa. Srl reserves the right to request the Customer for additional information (e.g., landline telephone number) or the submission of documents proving ownership of the card used. In the absence of the requested documentation, Ro. Sa. Srl reserves the right not to accept the order.
For PostePay holders, it is possible to pay by selecting the "Credit Card, Debit Card, or PostePay" payment method and using their card as a normal Debit Card (as when going to the Post Office to withdraw).
At no time during the purchase process is Ro. Sa. Srl able to know the information relating to the buyer's credit card, as they are entered directly on the website of the bank that manages the transaction (with highly secure systems); since there is no data transmission, there is no possibility that this data will be intercepted. No computer archive of Ro. Sa. Srl contains or retains such data. Under no circumstances can Ro. Sa. Srl be held responsible for any fraudulent and unauthorized use of credit cards by third parties, at the time of payment for products purchased on www.mood03.com.
- PayPal
In cases of purchasing goods with PayPal payment method, a PayPal automated payment procedure will be started concurrently with the conclusion of the online transaction, where it will be possible to directly pay the amount due.
If the automated payment procedure is skipped after completing the order, Ro.Sa. srl will send a payment request for the due amount with a purchase-related reason to the purchased goods. We kindly ask customers not to make payments if there are ongoing disputes or if the account is temporarily blocked because the payment will be automatically rejected by PayPal and considered void by our company. Ro.Sa. srl undertakes to contact customers in case of rejected payment and to find a solution for payment by mutual agreement.
If both the automated payment procedure and the one requested by us are rejected (even inadvertently), and no information is communicated within 7 days, the order will be automatically canceled.
- Sella Personal Credit Installment Payment
On mood03.com, it is possible to purchase through installment financing with Sella Personal Credit "Rate in Rete". Based on your needs, the customer is free to choose the amount of each installment and the duration of the Financing offered by Sella Personal Credit at a highly discounted rate, allowing the customer to choose between 6 and 48 installments (First installment after 30 days). Immediately after order confirmation, it will be possible to fill out a form, related to the purchased goods, to send a financing request to Sella Personal Credit. The customer will receive by email, in addition to the order confirmation, also the confirmation of the financing request. Within a few hours, you will receive the outcome (positive or negative) of the practice. Please note that if the application is rejected, the order will be automatically canceled.
- Scalapay
When you buy with Scalapay, you receive your order immediately and pay in 3 installments. Note that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize such assignment.
4. Shipping costs and any additional expenses
AMOUNT SHIPPING COSTS TO ITALY
For order under 200,00€, shipping costs amount to 6,90€
For orders over €200, shipping costs are free
The contribution for expenses is the same for shipments by POST and by couriers BRT, GLS, and SDA Express. Ro.Sa. srl reserves the right to decide who to send the ordered goods to for reasons of amounts and destination locations.
Delivery by the courier will be made to the street number indicated at street level. In case the customer wants to receive the delivery at the floor level, he/she will have to incur additional handling costs, to be agreed upon with us and the courier at the time of placing the order.
Additional expenses are also foreseen for hard-to-reach locations. In this case, you will be contacted by email or by phone by one of our operators to agree on the costs.
AMOUNT SHIPPING COSTS FOR ABROUD
The shipping costs for overseas are 50,00€ for any purchase amount.
4. Delivery times
Our shipments are exclusively entrusted to express couriers SDA, GLS, or BRT, with delivery times of 1-3 working days (subject to unforeseen circumstances) from the acceptance of the order.
6. Right of withdrawal
Under Legislative Decree no. 206 of September 6, 2005 concerning the protection of consumers in distance contracts, the consumer has the possibility to exercise the unconditional right of withdrawal, if the customer is a consumer (i.e., a natural person who purchases goods for purposes not related to his/her professional activity, or does not make the purchase by indicating a VAT number in the order form addressed to Ro. Sa. Srl), has the right to withdraw from the purchase contract for any reason, without any penalty and without specifying the reason, within 14 working days from the day of delivery and subject to the conditions indicated below.
The right of withdrawal is subject to the following non-negotiable conditions:
All return costs of the products are expressly borne by the consumer, who, through their own carrier, will forward them to the Ro.Sa.srl logistic facility, after obtaining indispensable authorization for return, which will be assigned by Ro.Sa. srl via email together with the opening number of the practice:
· - The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
· - In case of damage to the goods during transport, Ro. Sa. Srl will notify the customer of the incident (within 5 working days from the receipt of the goods in its warehouses), to allow the customer to promptly file a complaint against the chosen courier and obtain a refund of the item's value (if insured); in this case, the product will be made available to the customer for return, simultaneously canceling the withdrawal request;
- Ro Sa. Srl does not in any way respond for damages or theft/loss of goods returned with uninsured shipments;
Except for any restoration costs for damages verified to the original packaging, Ro. Sa. Srl will reimburse the customer the amount already paid related to the value of the goods (ancillary expenses such as transportation and cash on delivery are excluded from the refund, which remain the responsibility of the customer), within 30 days of the return of the merchandise, via Bank Transfer. It is the customer's responsibility to promptly provide the bank details for the refund (ABI Code - CAB - Current Account of the invoice holder).
· The right of withdrawal expires completely due to the lack of the essential condition of integrity of the good (packaging and/or its contents) in cases where Ro. Sa. Srl verifies:
In the event of the withdrawal right lapsing, Ro. Sa. Srl will arrange for the purchased item to be returned to the sender, charging the sender for the shipping costs.
7. Warranty
All products marketed by Ro. Sa. Srl are covered by the manufacturer's conventional warranty and by a 24-month warranty for conformity defects, pursuant to Legislative Decree no. 24/02. To avail themselves of the warranty, the Customer must keep the invoice (or the DDT) received together with the purchased goods.
The manufacturer's conventional warranty is provided according to the methods outlined in the documentation inside the product packaging. If, following intervention by an Authorized Assistance Center, the defect is found not to be covered by the manufacturer's conventional warranty, the Customer will be charged any verification and restoration costs required by the Authorized Assistance, as well as the transportation costs, if borne by Ro. Sa. Srl.
The 24-month warranty under Legislative Decree no. 24/02 applies to products that present a conformity defect, provided that they are used correctly, in accordance with their intended use and what is provided in the attached technical documentation. This warranty, in compliance with Legislative Decree. no. 24/92, is reserved only for private Consumers (individuals who purchase goods for purposes not related to their own professional activity, or make the purchase without indicating a VAT number in the order form). In the event of a conformity defect, Ro. Sa. Srl will, at no cost to the Customer, restore the conformity of the product through repair/replacement or price reduction, until the contract is terminated. If, following intervention by an Authorized Assistance Center, there is no conformity defect under Legislative Decree no. 24/02, the Customer will be charged any verification and restoration costs required by the Authorized Assistance, as well as the transportation costs, if borne by Ro. Sa. Srl.
In the event that, for any reason, Ro. Sa. Srl is unable to replace a warranted product (repaired or replaced), it may, with the customer's consent, proceed to replace the product itself (if still available) or with another of equal characteristics and value, or finally, issue a discount voucher of equal value valid for 6 months from the date of issue.
No damages can be claimed from Ro. Sa. Srl for any delays in carrying out repairs or replacements of warranted products.
In cases where warranty applications involve the return of the product, the item must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend, where possible, placing it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided.
8. Privacy
The personal data requested when placing an order is collected by Ro. Sa. Srl and processed on computer and/or paper media, in order to fulfill the obligations arising from the contract concluded with the Customer and will not be transferred to third parties under any circumstances. Ro. Sa. Srl guarantees its customers compliance with the regulations regarding the processing of personal data, as governed by the privacy code pursuant to Legislative Decree no. 196 of 30.06.03. The data controller is Ro. Sa. Srl, via Pietro Nenni no. 2, 95036 Randazzo (CT), in the person who, from time to time, has legal representation, unless a representative is appointed pursuant to art. 29 of Legislative Decree no. 196/2003.
The Customer has the right, at any time, to revoke consent to the processing of personal data by sending written communication to the legal headquarters of Ro. Sa. Srl. The Customer, who declares to have received the information pursuant to art. 13 and about the rights he is entitled to, pursuant to art. 7 of Legislative Decree no. 196/2003, has the right to access his data according to the methods provided therein. Marketing communications will be sent only with the explicit consent of the Customer given together with the authorization for processing and sending in the online registration form
The conditions contained in this document may be modified by Ro. Sa. Srl without any notice and will be effective from the date of publication on the website www.mood03.com.