General Terms and Conditions of Sale
1 - GENERAL CONDITIONS OF SALE
- These Conditions of Sale regulate the purchase contract between 'MGF SRL' with registered office in Via Reali, 8 - 50053 Empoli (FI) P. IVA 06517940489 - hereinafter referred to as the 'Seller' - and the customer for the purchase of products published on the site www.MOSSTREND.COM
By confirming the PURCHASE ORDER electronically, the Customer declares that he/she is aware of and unconditionally accepts the General Conditions of Sale and fulfils all the obligations provided for therein towards the Seller. For this reason, the Client is obliged to read them carefully and print and keep them. The Seller considers itself authorised to modify or integrate these General Sales Conditions at any time, also in consideration of any regulatory changes, without having to give prior notice.
These changes will only be binding for customers from the moment they are published on the website www.MOSSTREND.com and will not have retroactive effect.
2 - ORDERS
As soon as the Seller is in possession of the order transmitted by the customer, it will send, by e-mail, the ORDER SUMMARY, which will specify all the news pertaining thereto.
Any additional costs of transport, which may be caused by insufficient information, shall be borne by the customer.
The Seller may not process orders for products that are no longer available at the time of the order. In this case, the order shall not be processed and the reasons shall be communicated by e-mail.
In this case, the purchase contract shall not be concluded, and the Seller shall refund to the customer any sums that have come into its possession in respect of the non-concluded purchase contract.
3 - PRICES
The price shown on each model is exclusive of VAT.
4 - FINISHINGS
The colours, coatings and finishes shown on the site are indicative as it is not technically possible to guarantee absolute fidelity to the original colours. This does not constitute grounds for contesting the product.
5 - SHIPMENTS
Shipping times vary depending on the products and finishes and will be specified after receipt of the order. Shipment times are indicative and therefore no responsibility can be attributed to the Seller for early or late shipment, being causes not directly attributable to it.
The goods are shipped to the destination indicated by the customer on the ORDER SUMMARY
Periods of absence from the given address or other notices useful for delivery must be communicated in the notes field of the order in order to avoid unnecessary storage costs, which will in any case be borne by the recipient.
6 - TRANSPORT
The goods are shipped to the destination indicated by the customer and shown on the ORDER LIST by National Courier, properly packed and complete with transport document. The relative cost is already included in the price on some products on which "free shipping" is highlighted, and on others it will be calculated later at the time of purchase after having specified the relative destination. This service, whether with "free shipment" or with "subsequent charge" always refers to goods delivered: ground floor, roadside at the customer's house number.
The following services and destinations will be subject to an additional cost, which will be communicated by the Seller at a later date by e-mail and which will in any case be borne by the customer, in addition to that already indicated in the order:
-floor/quarantine deliveries; deliveries in city centres; express, urgent, by appointment, special deliveries.
-deliveries to remote or inaccessible areas, smaller islands, Venice and the Lagoon
Goods are only covered by insurance if the product to be shipped requires it
7 - PAYMENT
Payment for the ordered goods can be made in the following ways:
a) Credit and Debit Cards: We accept payment with all major credit and debit cards (Visa, MasterCard, American Express). Payment is secure and is processed via a certified payment gateway, which guarantees data protection.
b) PayPal: You can choose to pay via the PayPal system, which enables secure and fast online transactions.
c) Bank Transfer: Payment can be made by bank transfer. The bank details to complete the payment will be provided at the time of ordering. The order will only be processed once the bank transfer has been confirmed.
d) KlarnaYou can choose to use Klarna to pay flexibly. Klarna offers the possibility to split the payment into several instalments, or pay the full amount at a later date, depending on the options available.
8 - DELIVERY OF GOODS - CONTROL
Upon delivery of the goods, before signing the consignment note that the delivery operator will ask the Customer to sign, the Customer is obliged to check:
- that the number of packages delivered corresponds to the number indicated in the transport document. In the event of a discrepancy, take back the goods anyway and state the number of packages in detail on the consignment note.
actually withdrawn. This discrepancy must be communicated immediately, by e-mail, to the Seller.
- that the packaging is intact (not wet, punctured, folded or otherwise) and not altered even in the closing tapes.
In the event of obvious breakage, damage or tampering of the packaging, the customer shall write on the consignment note, in detail, SPECIFIC RESERVE OF GOODS BECAUSE OF DAMAGED PACKAGING RECEIVED, and notify the Seller immediately by e-mail.
In the event of obvious damage to products not yet collected, the customer may refuse delivery by indicating on the consignment note the reason for non-collection and notify the Seller immediately by e-mail.
In order to protect against concealed damage caused by transport, it is always advisable to state on the consignment note "GOODS ARE RECEIVED WITH RESERVE OF CHECK" even if the packaging is undamaged.
Any hidden damage discovered shall be notified to the Seller, within 05 (five) days of receipt of the goods, by registered letter with acknowledgement of receipt.
ATTENTION: If the customer accepts the goods and signs the consignment note without affixing the necessary reservations, he may not later claim any shortage or damage, as the signing constitutes verification and acceptance of the conformity of the product.
9 - JACENCES
In the event of non-delivery, the goods shall remain in storage at the customer's disposal for a maximum of five calendar days, after which they shall be returned to the sender. The Seller shall not bear any costs for any reason whatsoever for the storage of the goods or for their return, which shall be borne in full by the customer. To this end, it is necessary for the customer to specify on the PURCHASE ORDER form all the information requested by the Seller in order to eliminate this unnecessary increase in costs.
10 - RIGHT OF REPLACEMENT FOR TRANSPORT DAMAGE
To exercise this right, the customer, within 05 (five) days of receipt of the goods, must send a registered letter with return receipt addressed to: 'MGF SRL ' with registered office in Via Reali, 8 - 50053 Empoli (FI) P. IVA 06517940489, indicating the number of the transport document or invoice, code and quantity of the defective articles with details of the defect found. The Seller may request the Customer to send, via e
-mail, of any digital photos evidencing the damage claimed. Having ascertained the liability of the damage, the Seller shall notify the customer by e-mail,
acceptance of the replacement with the return number and details for courier collection. The goods must in any case be returned to the Seller with the same courier and in the original packaging carefully sealed, indicating on the package the return address that will be communicated.
If this is not the case, the Seller may refuse to take back and thus replace the material. All transport costs for replacement, both those for the return of damaged goods and those for replacement, shall be borne by the Seller. Goods shall be replaced as quickly as possible. Any report received after the aforementioned deadlines shall not be taken into consideration.
11 - CONSUMER GUARANTEE
The consumer is entitled to the rights provided for in Legislative Decree No. 24 of
02-02-2002. The products are guaranteed for conformity defects for two years from their delivery. The Seller guarantees that the goods sold conform to the declared characteristics and are suitable for the use for which the object is to be used. Any flaws or defects in the product delivered with respect to what was agreed upon must be reported by the customer, under penalty of forfeiture, within 30 days of discovery of the flaw. The action shall be time-barred within six months after discovery. The time limit for reporting apparent defects and/or faults in the goods shall run from the day of delivery of the goods.
The guarantee is excluded in the event of damage attributable to abnormal use of the product by the purchaser or to environmental conditions such as, but not limited to, elevated
humidity in the room, overheating of the room, exceptional or unusual temperatures and atmospheric conditions, or from improper use by the purchaser such as poor maintenance (cleaning with improper products or means) or due to use unsuitable for the characteristics for which the item is to be used.
The Seller does not guarantee that the colours shown on the site correspond perfectly to the original colours. This does not constitute grounds for complaint for lack of conformity. To exercise this right, the customer must document
and, by registered letter with acknowledgement of receipt to be sent to: 'MGF SRL' with registered office in Via Reali, 8 - 50053 Empoli (FI) P. IVA 06517940489
within the above terms, the conformity defects found, to return, at our request, by e-mail, any digital photos or if necessary, at the seller's request, even to ship the defective item.
This will enable the Seller to determine whether the defect found is attributable to production problems (conformity defects), in which case the defective material will be either repaired as a main component or replaced
defective or, alternatively, replaced against the return of the defective one. In the event that the Seller establishes the improper use of the product by the customer, no replacement shall be made free of charge. After receipt of such communication and/or documentation, the Seller shall, within 10 working days, communicate its decision giving authorisation, or not, to return the defective material, with the possible sending, by e-mail, of a document that must be attached to the goods to be returned. The material shall be sent to the address to be notified. The replacement shall be carried out within the shortest possible time. The relative transport costs for both the return of the goods and the replacement shall be borne by the Seller.
12 - RIGHT OF WITHDRAWAL
Online sales are subject to Legislative Decree No. 206 of 06-09-2005 Art. 64/68, which provides for the possibility, on the part of the consumer, (i.e. a natural person who purchases goods for purposes not related to his or her professional activity, i.e. does not make the purchase by indicating in the order form a
VAT reference) to make use of the right of withdrawal. This right consists in the customer's right to withdraw from the purchase contract, return the purchased goods and ask for a refund of the price paid without any penalty and without giving any reason.
To avail yourself of this right, you must:
1) send within 10 days from the date of delivery of the material by the Courier or Forwarder, a
registered letter with return receipt addressed to: 'MGF SRL' with registered office in Via Reali, 8 - 50053 Empoli (FI) P. IVA 06517940489 indicating the invoice number, article code and quantity, and bank details to obtain the transfer.
2) wait for approval by e-mail with which will be sent the return document and the name of the Courier who will collect the goods. The customer agrees and undertakes to return the product/s to 'MGF SRL' with registered office in Via Reali, 8 - 50053 Empoli (FI) P. IVA 06517940489 within and no later than ten working days from the date of the approval issued by the Seller to the address communicated.
3) Products must be returned undamaged, unused, altered, stained, wet or damaged. The products must retain the disposable seal and the inside of the packaging, which is an integral part of the goods;
The products must be returned in their original packaging complete with all its parts, the packaging must be intact, not damaged or wet or in any way altered; The products must be returned in a single shipment. The Seller reserves the right not to accept products from the same order, returned and dispatched at different times;
4) If all the required conditions are met, and after the Seller has received the return and checked that all requirements have been met, an e-mail confirming acceptance of the return will be sent. The refund will be
made as quickly as possible, and in any case within thirty days from the date on which the Seller became aware of the exercise of the right of withdrawal, once it has verified that the withdrawal was made in compliance with the above conditions. It is not possible to change the model of the product on which the right of withdrawal is claimed with another.
If the procedures and time limits for exercising the right of withdrawal, as specified in this Section 12, are not complied with, the right to reimbursement of sums already paid cannot be claimed; however, it is possible to
re-obtain, at the client's expense, the products in the state in which they were returned to the Seller. Reimbursement of the sums, in case of exercise of the right of withdrawal, shall be made by the Seller, in favour of the person who has made
payment. The costs incurred in returning products, none excluded, shall be borne in full by the customer.
5) The Seller, after checking that all the above-mentioned conditions have been met, that the condition of the product(s) and packaging(s) complies with what was agreed, after deducting the costs incurred in returning the goods, to credit the products at the price indicated on the invoice, within 30 days of receipt of the goods. Pursuant to Article 5(3) of the aforementioned Legislative Decree, the right of withdrawal cannot be exercised in the case of the supply of goods made to measure (e.g. fabrics sold by the metre) or clearly customised.
Please note
This right is reserved only for natural persons (consumers), so it cannot be exercised by legal persons and natural persons acting for purposes relating to their business or professional activity, if any, and who purchase with a VAT registration number.
13 - IN FORMATIONS FOR THE PROCESSING OF PERSONAL DATA
Pursuant to Art. 13 of Legislative Decree no. 196/2003, the following is hereby notified:
14 - APPLICABLE LAW
For anything not expressly agreed upon, the provisions of Italian law and the regulations set forth in the Civil Code and Legislative Decree No. 205/06 (the so-called Consumer Code) shall apply.
15 - JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of the rules of purchase made "on-line" made by 'MGF SRL ' with registered office in Via Reali, 8 - 50053 Empoli (FI) P. IVA 06517940489 is subject to Italian jurisdiction. In the event that the customer is a "consumer" any dispute relating to the interpretation and execution of the rules of purchase will be subject to the jurisdiction of the Court in whose district the customer is a "consumer". In the event that the customer is a "non-consumer", i.e. one who purchases with a VAT number, or has his/her residence or domicile abroad, the parties expressly agree that any dispute relating to the interpretation and execution of the rules of purchase shall fall under the exclusive jurisdiction of the Court of Pisa.
16 - DELETION OF PERSONAL DATA
Users have the right to request at any time the deletion of their personal data collected and processed by 'MGF SRL'. To exercise this right, they can follow one of the following procedures:
Sending an email: Users can send a request by email to info@mosstrend.com with the subject line 'Request for deletion of personal data'. In the request, the full name and email address used for registration must be included.
Request formAlternatively, they can fill in the application form available in the following page of our website, providing the same information as requested.
Once the request has been received, 'MGF SRL' undertakes to delete personal data within a period of 30 working days, as provided for by current legislation. For further information or questions, users may contact us through the channels indicated in the Contact section.
