General terms and condition of sale
- Legal validity
These general terms and conditions (“Conditions”) are applicable to the sale of the Products by “IL MONDO DI EMILIA”, the sole company held by Alessio Boris in Via Kramer 17, 20129 Milan, Italy, Fiscal Code LSSBRS73S18F952T and VAT number 11335850969 (hereinafter, also “Il Mondo di Emilia”).
- The agreement between the User and Il Mondo di Emilia
2.1 The sending of the purchasing order (“Order”) by the User means that the User fully understands and accepts these Terms and Conditions.
2.2 There is no legal obligation for the User until the Site has sent the User an email (to the email address provided by the User) confirming the correct receipt of the Order, with the printable version of these Terms and Conditions and the summary of the Product Information that was provided to the User immediately prior to the Order being sent.
2.3 There will be no obligation between the User and the Site, and therefore no contract shall be concluded, in the case of obvious and recognisable errors or mistakes being made in the process of filling in Purchase Orders, due to facts attributable to both the User and the Site, such as – but not limited to – errors or mistakes relating to User Data (including the address indicated for delivery) or relating to the identification and/or selection of the Products and/or the relative quantities and/or the relative price.
In the event that there are difficulties with delivery to the address indicated, the User will be notified and asked to make direct contact with the Site to confirm an alternative option for the delivery of the Product.
The meaning of terms used in these Conditions is set out below:
-Consumer Code” means Legislative Decree no. 206 of 6 September 2005;
-Terms and Conditions” mean these general terms and conditions – as amended or expanded in accordance with Article 11 below – together with the other information published on the Portal, which are an essential and entire part of it. Terms and Conditions contain the rules for the provision of the Service between Il Mondo di Emilia and the User;
– “Consumer” refers – pursuant to and for the purposes of Article 3 of the Consumer Code – the natural person acting without any relation to the exercise of their business, commercial, professional activity purposes;
– “Data” means the data given by the User and necessary for the execution of the obligations, including tax obligations, required by the law at the time of the Service provided;
– “Service Provider” always means Il Mondo di Emilia;
– “Order” means the purchase order issued by the User for one or more Products, by clicking – after having completed the mandatory data and having chosen the payment method – on the “Buy” button;
– “Party” means, individually, Il Mondo di Emilia or the User;
– “Parties” mean, together, Il Mondo di Emilia and the User;
– “Portal” means the website called “ilmondodiemilia.com”.
4.1 The purpose of these Conditions is for the supply of the Service provided exclusively by Il Mondo Di Emilia. The details of Products can be found in the single Product schedule.
4.2 The Products ordered (if available) shall be shipped according to the times indicated in the Product schedule, unless in exceptional cases, as clarified in article 7 below.
4.3 If the Products ordered are not available, Il Mondo di Emilia shall inform the User by e-mail and the Order shall be considered cancelled.
- User Service
For any commercial information about the Service or the legal guarantee of conformity and – if applicable – the refunds as per article 9 below, please write to the following e-mail address [email protected].
- Methods of Payment
6.1 The payment methods available are:
– Credit Card
6.2 The prices of the Products that are clearly indicated on the Product Schedule (in Euro) are inclusive of VAT.
6.3 The price of each Product is exclusive of shipping costs, (the shipping costs are indicated on the Portal), these may differ depending on the delivery method requested (ordinary or express delivery) or on the quantity of Products indicated in the Order; shipping is free on charge for all Orders containing a minimum of 2 (two) Products.
6.4 It is possible that Il Mondo di Emilia may provide promotional offers, the conditions of which shall be indicated within the Product Schedules and/or on the Portal from time to time.
- Products delivery
7.1 Il Mondo di Emilia will ship the Products indicated on the Order to the address given by the User. All delivery times indicated on the Portal are estimated and are based exclusively on availability, on the normal processing of the Order and on the delivery times declared by suppliers and carriers. The maximum delivery time for each Product is indicated on the Product Schedule. This is the estimated time required to acquire the Product from suppliers and to make it available for shipment under normal conditions.
Under exceptional conditions the effective delivery time may deviate from the time indicated on the Product Sheet (e.g. unavailability of the supplier/carrier), in which case they will be communicated by e-mail by Il Mondo di Emilia.
- Payment security
8.1 The payment data put on the portal are and will remain protected by an advanced network data protection system. Payment by credit card is made on a secure server managed by a third party company, specialised and duly authorised under the applicable laws to carry out this service: therefore, credit card data is processed exclusively by the Payments Manager. In the event that a payment through the Portal is the result of a breach of the security of your credit card, please contact us immediately at [email protected].
- Legal guarantee of conformity
9.1 Il Mondo di Emilia reminds the User that all Products are covered by warranty in case of manufacturing defects. The User acting as a Consumer is entitled to the legal condition of conformity according to articles 129, 130 and 132 of the Consumer Code as described in the following paragraphs of this article 9. The User who is not a Consumer (i.e. natural or legal persons who have purchased the Products in the exercise of their business, commercial, professional activity, even by requesting the issue of an invoice, indicating their VAT number) shall still be entitled to the warranty for defects pursuant to art. 1490 of the Italian Civil Code and following.
9.2 Il Mondo di Emilia shall be liable towards the User, acting as a Consumer, for any defects of conformity of the Product within the term of 2 (two) years from delivery thereof. The User, under penalty of expiration, must report the defect to Il Mondo di Emilia in the manner indicated in paragraph 9.3 below within 2 (two) months from the discovery of the defect; to this purpose, the User undertakes to verify within 8 (eight) days from receipt of the Order the conformity of the Product.
9.3 The User, in case of defects or non-conformity of the product, may request the exchange or repair of the Product according to the following procedure.
– The Products, together with a letter identifying the conformity defect, shall be sent to the address indicated below with costs to be exclusively borne by the User:
Il mondo di Emilia di Alessio Boris
Via Kramer 17
– In the event that the defect is confirmed, Il Mondo di Emilia shall refund the shipping costs incurred by the User and replace the Product.
9.4 In the event that it is absolutely impossible for Il Mondo di Emilia to replace and/or repair the Product, the User shall be refunded the amount paid.
9.5 Il Mondo di Emilia shall not in any case be liable for any damages to the Product arising as a result of the use of the same.
- Termination and withdraw
10.1 Il Mondo di Emilia may terminate, without prejudice to our accrued rights, all or part of the Contract: (i) pursuant to Article 1456 Italian Civil Code if you are in arrears of any amount owed to us; (ii) pursuant to Article 1543 Italian Civil Code if you breach the Contract, and, in case that the breach can be remedied, you fail to remedy such breach within 30 days of receiving notice of the breach.
10.2 Il Mondo di Emilia may withdraw, without prejudice to our accrued rights, from all or part of the Contract pursuant to Article 1373 Italian Civil Code if insolvency proceedings are commenced against you.
10.3 Termination of all or part of the Contract will not prejudice accrued rights.
- Amendment of the Conditions
11.1 Il Mondo di Emilia is committed to providing the Service in the same terms and conditions and at the price indicated on the Portal. Il Mondo di Emilia is entitled to modify or integrate these Conditions by publishing them on the Portal: the changes to the Conditions shall be effective from the moment of publication on the Portal.
- User’s liability
12.1 You confirm and warrant: (i) to be of legal age (if a natural person); (ii) that the Data provided by yourself for the execution of the Service are correct and true; (iii) that you will update the Data provided by yourself to Il Mondo di Emilia whenever necessary; (iv) to have the authority to engage the legal person represented by yourself (if a legal person).
12.2 The User agrees not to use the Service offered in an illegal or unauthorized manner.
12.3 The User assures that the information provided in the Registration Form and at the time of the Order is at his or her legitimate disposition and does not violate any third party rights.
- Limitations of liability
- 1 Il Mondo di Emilia shall not be considered responsible for the failed or delayed provision of the Service as a result of events which are beyond its control or due to force majeure including, but not limited to, natural disasters, adverse weather conditions sabotage, fires, floods, earthquakes, strikes, malfunctioning of the Service as a result of the failure of telephone lines, electricity lines and worldwide and/or national networks to function properly, such as, by way of example only, breakdowns, overloads, interruptions.
13.2 Without prejudice to what is indicated in article 13.1 above, the Parties agree and mutually recognize that in any case, the liability of Il Mondo di Emilia shall not extend beyond the amounts paid by the User to Il Mondo di Emilia for the provision of the Service.
- Intellectual Property
14.1 All information, data, news, all trademarks reproduced, all programs and/or technologies and/or any type of content transmitted by Il Mondo di Emilia in execution of the Service, are reserved and protected. Therefore, the User is authorized to use the mentioned data, information, news and content, for personal use only, and is forbidden to distribute, disseminate, license or transfer by any kind of media, including electronic media, publication, transfer to third parties for any reason, said content.
- Prohibition of assignment
15.1 These Terms and Conditions and the Service related and resulting therefrom are of an exclusively personal nature and, therefore, the User shall not be entitled to assign, in part or in whole, or transfer these Terms and Conditions to third parties for any reason whatsoever, without the prior and express written consent of Il Mondo di Emilia.
- Prohibition of resale of products
16.1 The resale of the Products purchased through the Portal is strictly forbidden.
- Applicable law, jurisdiction and competent court
17.1 The Service shall be regulated, in addition to these Conditions, by Italian law and, in particularly, with exclusive reference to the User who may qualify as a Consumer, by the provisions of Chapter I of Title III of Part III of the Consumer Code.
17.2 Any dispute that may arise between the Parties regarding the validity, interpretation or execution of these Conditions shall be submitted to the Italian jurisdiction. Without prejudice to the provisions of art. 66-bis of the Consumer Code and in any case where the User does not qualify as a Consumer, the Court of Milan shall have exclusive jurisdiction to resolve any disputes that may arise between the Parties.
- Unlawfulness of terms and conditions
18.1 If any part of these Terms and Conditions, for any reasons, should be invalid or ineffective the remaining terms and conditions shall be fully considered valid and effective.
- Processing of personal data
19.2 Without prejudice to the rights recognised by Article 7 of the Regulation, the User’s Data shall be processed in the manner and for the purposes indicated in the Privacy Notice and for which the User has given their consent.
- Clauses of specific approval pursuant to Articles 1341 and 1342 of the Italian Civil Code
20.1Pursuant to Article 1341 and 1342 of the Italian Civil Code, the User declare to expressly approve the following clauses: 6. Methods of Payment; 9. Legal guarantee of conformity; 10. Termination and withdraw; 13. Limitation of liability; 15. Prohibition of assignment; 17. Applicable law, jurisdiction and court of law; 18. Unlawfulness of terms and conditions.