PREAMBLE
ORA SRL with registered office at via Giovanni Porzio isola E7 80143 Naples Italy registration number at the Naples Companies Register and Tax Code 08278161214, VAT number 08278161214 and MMP SRL with registered office at Via Giovanni Porzio isola E7 80143 Naples Italy registration number at the Naples Companies Register and Tax Code 10837791218, VAT number 10837791218 (hereinafter the Companies) sell, and exclusively the Final Consumer (hereinafter the Buyer) purchases with an Online Sales Contract the Products selected and ordered by the Buyer among those listed on the Website and currently available.
The Buyer declares and guarantees that the purchase of products on the Companies' Website is not made in the course of their professional activity and is also intended for strictly personal use.
All orders which, at the sole discretion of the Companies, do not constitute a Retail sale, and in general, any order deemed fraudulent, will be considered null and void.
This Agreement, available on the Website, must be carefully examined by the Buyer before completing the purchase procedure of the Products through the Website itself.
The Buyer declares to have full capacity to act and enter into the purchase Agreement for the Products on the Website based on this Online Sales Agreement. The Companies shall in no case be required to verify the capacity to act of visitors and Buyers of the Companies' Website. In the event that a person, lacking the necessary capacity to act (for example a minor), places an Order on the Companies' Website, without prejudice to the responsibility of their parents or legal guardians for such Order and the related payment, the Companies may refuse to accept the order.
1)Subject of the Agreement
With this Agreement, respectively, the Companies sell and the Buyer purchases remotely, through telematic tools provided by them, the Products indicated and offered for sale on the Website www.modamarepositano.com .
This Agreement aims to define the rights and obligations of the Parties in relation to the sale of products by the Companies to the Buyer. These rights and obligations apply without any limitation to all sales made through the Website
The Products for sale through the Website are illustrated on the web page, as described in the related information sheets; however, the image accompanying each Product may not be perfectly representative, therefore differing in color, size, and finishing details.
The Online Sales service, governed by this Agreement, is available for purchases to be delivered exclusively within the Italian territory
The Companies reserve the right to modify this Agreement at any time; however, every sale concluded prior to the variation of the Agreement itself incorporates every condition regulated by the previous Agreement including any changes, such as prices and/or specific promotions
2)Conclusion of the Contract
The Contract between the Parties is concluded exclusively through the Companies' Website, by the Buyer accessing the address www.modamarepositano.com where, following the indicated procedures, the Buyer will formalize the purchase proposal of the Products based on this contract.
3)Obligations of the Buyer
The Buyer undertakes to pay the price of the purchased Products and any additional accessory costs, by way of example and not limited to shipping costs, within the times and methods indicated by the Online Sales Contract
The Buyer undertakes, once the online purchase procedure is completed, to print and/or keep these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase, as well as to print the specifications of the product subject to purchase, in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05
The buyer is strictly prohibited from entering false and/or invented and/or pattern personal data and e-mails in the registration procedure necessary to activate, towards them, the process for the execution of this Contract. The data must be exclusively their own real personal data and not of third parties
4)Conclusion and effectiveness of the Contract
The Contract is concluded by accurately filling out the request form and the consent to purchase expressed through the online submission, or by filling out the form attached to the online electronic catalog at the address > shopper > complete the purchase and the subsequent submission of the same form, always after viewing a web page summarizing the order which includes the details of the Buyer and the order, the price of the purchased Product, shipping costs and any additional accessory charges, the payment methods and terms, the address where the goods will be delivered, the existence of the right of withdrawal and a copy of this Contract
At the moment the Companies receive the order from the Buyer, they will send a summary confirmation e-mail of the order, printable, which also includes the data referred to in the previous point, except for the copy of the Contract
The contract entered into between the Companies and the Buyer is considered concluded with the acceptance, even partial, of the order by the Companies. Such acceptance is deemed tacit, unless otherwise communicated to the Buyer by any means.
Ownership of the Products will remain with the Companies until the entire order amount, including shipping costs, taxes, and any additional charges (where applicable), has been fully paid by the Buyer
By placing an order, the Buyer declares to have read all the information provided during the purchase procedure and to fully accept the Contract
The Contract is not considered perfected and effective between the Parties in the absence of what is indicated in the previous point.
5)Prices
The prices of the Products offered for sale on the Website apply in the context of distance selling and may differ from retail prices or in any case from the average market prices applied to certain products
All selling prices of the products displayed and indicated on the Website are expressed in Euro and constitute a public offer pursuant to art. 1336 c.c.
The selling prices, referred to in the previous point, include VAT
Shipping costs and any accessory charges (where provided) will be indicated and calculated in the purchase procedure before the order is submitted by the Buyer
The Companies may change the selling prices of the Products, shipping costs, and any accessory charges at any time and without notice. It is understood that any order received before the price change will keep the related amounts at the previous prices.
6)Payment
Any payment by the Buyer can only be made by one of the indicated methods: online credit card, PayPal.
Regarding the payment method by credit card, by filling in the appropriate space on the Website, the Buyer authorizes the Companies to use their credit card and to charge it with the amount of the expense incurred, including taxes, shipping costs, bank charges, and any mandatory accessory contributions
All orders must be paid in Euro, including taxes, shipping costs, bank charges, and any mandatory accessory contributions
The invoice or the fiscal receipt will be sent attached to the shipment of the purchased Products
The issuance of the tax document will be made based on the information provided by the Buyer at the time of the order. No changes will be possible after the issuance of the tax document itself
The Buyer undertakes to carefully verify the data entered at the time of the order, as these will be used for accounting records
Any refund to the Buyer will be credited through one of the methods offered by the Companies and chosen by the Buyer, by way of example and not exhaustive, through a reversal on the amount paid, a purchase voucher to be used for future purchases from the Website. Refunds will be recognized or recredited within 30 (thirty) days from acceptance thereof and, in case of exercise of the right of withdrawal, as regulated by article 10.6 of this Contract
All payment-related communications take place on a dedicated line protected by an encryption system. The Companies guarantee the confidentiality of this information in compliance with the current regulations on personal data protection.
7)Product Availability
The Products for sale on the Website are available for as long as they are published and within the limits of warehouse stock.
The Companies ensure, through the telematic system, the processing and fulfillment of received orders as quickly as possible, compatible with the workload of the Companies' staff and warehouse availability.
If, after the Order has been sent by the Buyer, a total or partial unavailability of the product occurs, the Buyer will be immediately informed, by the most appropriate means chosen by the Companies, of the Product's unavailability and the total or partial cancellation of the Order.
In case of total cancellation of the Order:
The Buyer will be informed of the total cancellation of the Order.
The Companies will proceed with the full refund of the amounts paid by the Buyer related to the canceled order.
In case of partial cancellation of the Order:
The Buyer's Order will be partially confirmed with a charge only for the available products as indicated in the Order Confirmation email.
The Buyer will be informed of the partial cancellation of the Order.
Available products will be delivered to the Buyer.
8)Goods delivery
The Products ordered by the Buyer under this Contract will be delivered to the address indicated by the Buyer as the delivery address on the Order.
The ordered goods may be processed within the normal handling times, which may be extended to acceptable periods if the Product is temporarily unavailable, but in any case no later than 30 (thirty) days from the day following the day on which the Buyer placed the order, unless otherwise agreed between the Parties.
The Buyer may withdraw an order by communicating their intention to the Companies before the shipment has taken place.
The shipped Products will be inspected and delivered to the courier without defects. The Companies will not be responsible for damages and cannot commit to replacement or repair if not reported at the time of acceptance of the shipment, by noting on the courier's receipt (the one kept by the courier) the phrase "damaged goods," "accepted with reservation for inspection," "package intact accepted with reservation," or similar wording indicating damage or presumed damage. The complaint must be immediately reported to the courier and communicated to our email address and at the courier's office in the relevant area.
Shipping costs can be found on the order summary page of the Website.