These general conditions of sale govern the purchase of products offered by MooChuuItalia.com, VAT no. 05766660657, to users of the Site.
The commercial operations of buying and selling on www.moochuuitalia.com are governed by the following conditions of sale, pursuant to legislative decree n. 185/99 on distance contracts.
MooChuuItalia.com reserves the right to modify all or part of these General Conditions at any time, notifying Users by e-mail or via the Site, with at least 30 days’ notice should the methods of use of the Products vary. part of the Users. Users are therefore required to periodically consult the Site, in order to always be informed about the conditions applied. It is understood that the use of the Site following such modifications implies the tacit acceptance of the same. Each individual purchase will be governed by the General Conditions in the version published on the Site at the time the purchase order is transmitted by the Customer.
The purchase of the Products offered on the Site is made accessible following the registration procedure by the Customer in order to create his own personal profile (Account). Registration on the site is free.
Users who register on the Site will have to provide some personal data and follow all the steps of the procedure indicated on the Site. At the time of registration, the User will be asked to enter their name, surname, email address and password (“Registration Credentials”). Registration is confirmed by MooChuuItalia.com by email sent to the address provided by the User during registration.
The User undertakes not to transfer the Registration Credentials to third parties, even temporarily, and to keep them with due care, diligence, and secrecy under his own responsibility, constituting these Registration Credentials the only means to identify the User and to validate his his accesses to the Site. The User is therefore informed that all the acts performed through the use of the Registration Credentials will be attributed to him and will have binding effect on him. The User is required to immediately inform MooChuuItalia.com of any unauthorized or improper use of their Registration Credentials or to report any violations by third parties. If MooChuuItalia.com finds violations, it may at its discretion inhibit access to the Site, definitively cancel the information contained therein or refuse the opening of new Accounts by the same User.
At any time, the User may update and/or modify or request the deletion of the information released during registration. In the event of a cancellation request, however, MooChuuItalia.com may temporarily maintain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or being able to conclude the accounting and tax procedures.
3. CONCLUSION OF THE CONTRACT
Before proceeding with the conclusion of a sales contract, it is necessary to register on the Site, entering your name, surname, email address and password.
The sales contracts of the products on the website www.moochuuitalia.com are considered concluded at the moment in which the purchase order, in electronic format, is transmitted electronically by the customer to MooChuuItalia.com following the instructions that will appear from time to time. time on the site and the latter accepts it by sending the user, to the e-mail address indicated, a confirmation e-mail containing a link with which to access a summary of the General Conditions, information relating to the characteristics of the product purchased, the detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, the shipping costs and any additional costs. In any case, no contract will be considered concluded without the customer having electronically accepted the General Conditions of Sale during the purchase.
4. PURCHASE METHOD
The Customer will be able to select one or more Products which he intends to purchase, placing them in the “cart”, of which he will always be able to view the contents before forwarding the order.
By clicking on the “Proceed to Checkout” button, the Customer will initiate the order forwarding procedure.
The order sent by the Customer through the Site must be complete in all its parts and does not bind MooChuuItalia.com until the moment in which MooChuuItalia.com itself sends an order confirmation via e-mail to the User. The order confirmation will contain a summary of the Products purchased, the relative prices, the shipping costs, the date of delivery and the general and particular conditions applicable to the order itself.
MooChuuItalia.com will have the right to accept or not the orders received without, in case of non-acceptance, the Customer being able to advance rights or claims against MooChuuItalia.com for any reason. In any case, the order will be considered accepted and consequently the contract concluded when the Customer receives, on his email address, the email from MooChuuItalia.com containing the confirmation of acceptance of the Order. It is understood that no contract will be considered concluded without the User accepting the General Conditions electronically during the purchase procedure.
The offers published on the Site are available for a limited time and with a limited quantity of products. All prices indicated on the Site are expressed in Euros (€) and are inclusive of VAT. This amount will be highlighted separately, for each Product, on the order form and in the order confirmation e-mail.
The Products will remain the property of MooChuuItalia.com until the payment of the purchase price and shipping costs has been made by the Customer. MooChuuItalia.com will process the purchase order only after receiving confirmation of the authorization to pay the total amount due as indicated in the order.
The Customer purchases the product, the characteristics of which are illustrated online on the Site in the relative descriptive and technical sheets, at the price indicated therein to which are added the shipping costs specified on the Site, which vary according to the product chosen. Before forwarding the purchase order, the unit cost of each selected product is summarized, as well as the total cost in the event of the purchase of multiple products and the relative shipping costs.
The Customer can make the payment due by credit card. MooChuuItalia.com accepts credit cards from the Visa and Mastercard circuits. Sensitive data is processed, to protect the customer, with SSL (Secure Sockets Layer) technology, the safest and most widespread internationally.
The Customer can make use of the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by the Customers.
The Customer guarantees from now on the availability of the sum on his credit card by undertaking not to make purchases for amounts not available on his credit card.
MooChuuItalia.com does not process and does not store payment title data (for example: credit card numbers) of the Customers used to make purchases of the Products, which are processed exclusively by the relative payment service providers. In fact, the actual payment takes place only after having transferred the Customer to a protected and encrypted page of the banking service. Only after the transaction has taken place, the banking service provider communicates the outcome of the payment to MooChuuItalia.com, without providing any of the information regarding the credit card used. For this reason, MooChuuItalia.com has no power over the possible refusal of the credit card used for payment. MooChuuItalia.com cannot therefore be held responsible in any way for direct or indirect consequences deriving from the use of the credit card by the Customer to carry out the purchase of the Products.
Alternatively, payment can be made by advance bank transfer. The Advance Bank Transfer must be made using the following coordinates:
Magia SRL – IBAN IT54W0310476170000000400205.
Only upon receipt of the credit of the amount due, will the order be processed.
In case of non-payment in the 7 days following the confirmation of the order by MooChuuItalia.com, the same has the right to cancel the order.
On the occasion of the first purchase, the User will be asked to communicate the data for the header of the receipt. If the invoice is deemed necessary, the Customer is required to communicate it only during the purchase process. The request for an invoice if made at a time other than the calendar day of the order itself cannot be satisfied by MooChuuItalia.com.
In the event of non-payment, MooChuuItalia.com will charge the costs relating to the management of the outstanding balance to the Customer and will refuse the relative purchase order, notifying it by email.
6. PRODUCTS VAILABILITY
In the event that following the order one or more Products become unavailable, MooChuuItalia.com warns the Customer, refunding him the amount incurred for the Product(s) which have become unavailable and the related shipping costs.
The Customer acknowledges and accepts that the availability of the Products on the Site is not updated in real time and that it may vary during the same day also due to the possibility of simultaneous access to the site by several Customers.
7. DELIVERY OF PRODUCTS
MooChuuItalia.com delivers throughout Italy within 2 working days (5 days for islands and disadvantaged areas) from the date of delivery to the courier (for all items in stock, i.e. available immediately). The contribution for shipping costs throughout Italy is Euro 6.00 including VAT (up to 3 pairs) and will be specified in the Shopping Cart under the heading “Shipping”. By purchasing 2 products, the shipping costs in Italy will be free.
Shipping to Europe is available by express courier.
Upon delivery of the goods by the courier, the User will be required to verify that the packaging is intact, undamaged, or otherwise altered, including in the sealing materials (adhesive tape or strapping). Any damage to the packaging and/or to the Product must be immediately contested by the User, placing a written control reserve (and specifying the reason for the reserve, e.g. “Hounded packaging”, “Crushed packaging”, etc.) on the courier delivery. Once this document has been signed, the User will no longer be able to make any objection regarding the characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 days of delivery, by writing an e-mail to: firstname.lastname@example.org.
In case of non-delivery of the goods within the times indicated, the User will be required to notify MooChuuItalia.com, which will check directly with the courier, the status of the shipment and any anomaly. MooChuuItalia.com cannot in any case be held responsible for delays or defects or discrepancies due to events beyond its reasonable control.
In the event of impediments to delivery due to force majeure, MooChuuItalia.com will contact the Customer via email to inform him of the delay in delivery times.
8. PRODUCT CONFORMITY GUARANTEE
The Products are covered by the Legal Guarantee of Conformity provided for by art. 128 – 135 of the Consumer Code (“Legal Guarantee”), this guarantee is reserved for consumers.
The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to view them. MooChuuItalia.com is not responsible for the mismatch between the Product published on the Site and the one ordered, in the event that the mismatch derives from errors of description attributable to the supplier and of which MooChuuItalia.com was not aware and could not be using it normal diligence.
9. RIGHT OF WITHDRAWAL
The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 Consumer Code, using the withdrawal form, to be sent either by FAX to the number +39 089.344677, or by e-mail to the address email@example.com.
Following the correct exercise of the withdrawal, the User will have the burden of returning the Product without undue delay and in any case within 3 days from the date on which the User communicated to MooChuuItalia.com his decision to withdraw from the contract pursuant to art. 54, ch. 4 to the following address: Via Monticelli – p.terra – 84013 Cava de’ Tirreni (SA); REFERENCE: MAGIA srl. The User must visibly apply, on the packaging, the document that can be downloaded from his Account, if available, in which the shipping address and information relating to the original order are already indicated, useful for tracking the return at its destination. The User is advised to insert a copy of this document also inside the packaging, in order to avoid loss or the impossibility of identifying the return once it has arrived in the warehouse. The relative shipping costs of the goods will be borne by the User, except in the case in which MooChuuItalia.com has not informed the same in this regard when concluding the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.
MooChuuItalia.com reserves the right to verify that the Product, for which the User is solely responsible pursuant to art. 57 paragraph 2 of the Consumer Code, is in the same state in which it was delivered or that the Product has not been altered in its essential and qualitative characteristics and retains, as far as possible, its original packaging and label. In the event that this is not available, the User will be required to return the Product suitably packaged, in order to preserve its integrity.
Upon withdrawal, the Customer has the right to a refund of the amount paid as the price of the Product/s, including shipping costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the standard type offered by MooChuuItalia .com), without undue delay to be made as soon as possible and in any case no later than 14 days from the date of communication of the withdrawal. Against the withdrawal it is possible for the Customer to make an exchange with another Product or receive credit notes from MooChuuItalia.com.
Refunds will be made using the same means of payment used for the initial transaction, unless the parties have expressly agreed otherwise. Reimbursement may be suspended until receipt of the goods. The consumer is only responsible for the diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
11. EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the Product, MooChuuItalia.com reserves the right to declare pursuant to and by effect of the art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s e-mail address.
For any complaint or clarification, the Customer must write to the email address firstname.lastname@example.org. The Customer will be contacted for clarification within 3 working days of the request.
13. INTELLECTUAL PROPERTY RIGHTS
The contents of the Site such as images, photographs, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, characters and web designs, diagrams, layouts, methods, processes, functions and software are protected by copyright and by any other intellectual property right of MooChuuItalia.com.
All the other distinctive signs that distinguish the Products sold on the Site are trademarks registered by their respective owners and are used by MooChuuItalia.com under license, for the sole purpose of distinguishing, describing or advertising the products on the Site. Their use, in what is not authorized is prohibited.
14. PROCESSING OF PERSONAL DATA
MooChuuItalia.com pursuant to art. 13 of Legislative Decree 196/2003 informs that personal, personal and fiscal data acquired even verbally in reference to established commercial relationships, provided directly by the interested parties, or otherwise acquired in the context of the company’s activity, will be processed in compliance with the law referred to and for the aforementioned purposes, including the confidentiality obligations set forth therein. In relation to the aforementioned, the rights referred to in article 7 of Legislative Decree 196/2003.
15. ELECTRONIC SIGNATURE
The “validation click” constitutes an electronic signature, which assumes the same value between the parties as a handwritten signature.
16. CUSTOMER CARE
17. APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed in every aspect by Italian law. For any dispute concerning the interpretation, execution and/or termination of the contract between the User and MooChuuItalia.com, the Judge of the place of residence or domicile of the User will be competent, if the same is to be considered a consumer according to current laws in the field. If, on the other hand, the User is a professional, the Court of Salerno will be competent.