ONLINE SALES AGREEMENT
The offer and the sale of products on our Ecommerce are governed by this agreement (hereinafter referred to as “Agreement”), which rules the relationships between Moreschi S.p.A. VAT number 00333260180, with headquarters in Via Cararola, 69 - 27029 Vigevano (PV), phone number +39 03816988, firstname.lastname@example.org, R.E.A. Pavia 137957 (hereinafter referred to as “Moreschi”) and the Customer.
The Agreement could be amended by Moreschi, is being understood that the relationship with the Customer will be governed by the Agreement as published on the Ecommerce at the time of the purchase. The Customer could require any further information directly on the Ecommerce in the CUSTOMER SERVICE Contact Us area.
Terms and expressions listed below have the meaning specified below; is being understood that, terms defined in the singular are meant to be defined also in the plural, and vice versa.
Consumer: any natural person who operates on the Ecommerce for purposes not related to any entrepreneurial, commercial, artisan or professional activity, with an age of 18 years or more.
Customer: any Consumer who purchases one ore more Products through the Ecommerce, approving the Agreement.
Moreschi: Moreschi S.p.A., VAT number 00333260180, with headquarters in Via Cararola, 69 - 27029 Vigevano (PV), phone number +39 03816988, email@example.com.
Parties: means Moreschi and the Customer jointly.
Ecommerce: means the virtual shop available at URL http://www.moreschi.it, through which Products can be purchased.
Products: means the items offered in the Ecommerce in order to be sold.
Reserved Area: means that part of the Ecommerce, for Customer use only, through which the Customer can, upon authentication, have access to specific functions provided by Moreschi.
2. Subject of the Agreement
The Agreement regulates the online sale of Products by Moreschi to the Customer.
The Products essential features are explained in every product card provided in the Ecommerce. Pictures and colours of selling Products reproduce as accurately as possible the actual features of the Products. Anyway, the pictures could not entirely correspond to the reality, for technical reason too.
As a consequence, Moreschi shall not be held liable for the possible unsuitableness of the Pictures of the Products shown in the Ecommerce, if due to the above-mentioned technical reasons.
Moreschi offers to sell its Products and perform its online sale activity exclusively to Customers who are Consumers.
If the Customer is not a Consumer, we invite the Customer to abstain from performing any commercial transaction through the Ecommerce.
Related to its commercial policy, Moreschi reserves the right not to follow any order not coming from a Consumer or, in any case, orders not compliant with its commercial policy, in its sole discretion.
In any case Moreschi reserves the right not to accept orders which appear unusual in relation to quantity of purchased Products or to the frequency of the purchases.
The Customer is expressly prohibited to resale, to hire, to rent, to assign for any reason and for any commercial and/or professional purpose the Products purchased in the Ecommerce.
3. Conclusion of the Agreement
3.1 Registration: In order to purchase the Products provided by the Ecommerce it is necessary the prior registration. To register, the Customer must accurately fill in and send the specific form through the tools provided from time to time, stating his personal data in the appropriate fields. The registration will be effective only when the Customer will receive the confirmation e-mail and will open the link included. After this procedure, a Reserved Area will be created for the Customer, who can see his purchases, check the wish list and modify his credential. The registration credentials, as well as the access to Reserved Area, should be used by the Customer only and could never be given to third parties. The Customer agrees to keep them confidential and to ensure that no-one could have access to them, also adopting any appropriate security measures in order to minimize the risk of any access that could be unauthorized, prohibited and unsuitable to registered Area, promptly notifying Moreschi whenever he suspects an improper use or an unauthorized or prohibited access to the Reserved Area.
The Customer ensures that the personal information provided during the registration procedure and at a later stage is complete and truthful.
3.2 Conclusion of the Agreement: After the Registration it will be possible to begin the purchase procedure. Before proceeding, the Customer must read the Agreement – with a focus on the withdrawal clauses – as well as print a paper copy and save a copy on a permanent storage device which consent to the Customer to store the information referred to him, to access them in future per a period of time suitable for the purposes and to reproduce identically the data stored.
In order to perform the purchase of Products on the Ecommerce the Customer must fill in the electronic order form and send it to Moreschi, by electronic means, following the instructions provided in the Ecommerce.
Before sending the order form, the Customer must notice and correct any possible error in filling in the data, checking the optioned Product. If the data would not be compliant, it is possible to modify them by clicking on the “edit data” button. In any case, in order to provide a better Customer protection, Moreschi will send him by e-mail a receipt of his purchase order with a summary of the information included in the order form, as well as a copy of the Agreement. In this regard the Customer must verify the delivery of the documentation, by checking, if necessary, his junk e-mail box.
The Customer must also verify the final price, before sending the related order form, it being understood that the price charged to the Product will be the one displayed on the website at the time of the order by the Customer.
The Agreement shall be deemed concluded when Moreschi will receive the payment by the Customer, upon electronically transmission of the order form duly filled in.
By sending the order form and paying the due sum the Customer confirm to have understood and agreed the Agreement, as well as any further information provided in the Ecommerce.
After the conclusion of the Agreement, Moreschi will take charge of the purchase order.
The languages available for the conclusion of the Agreement are Italian and English.
Occasionally some inconveniences related to some Product availability could occur. In those circumstances, Moreschi will promptly inform the Customer by e-mail and will offer him the possibility to choose between the purchase of an article of the same nature of the one no more available or the order cancellation.
If the Customer chooses to cancel the order, he will be promptly reimbursed.
4. Order availability
In correspondence to each Product included in the Ecommerce, Moreschi points out if:
a) it is available in its own stock;
b) it is not available in its own stock;
c) it is available on request.
Moreschi expressly reserves the right not to point out the availability of the Products included in the Ecommerce.
The type and availability of the Products could change in any moment without any liability by Moreschi to the Customer.
The indication of the Products availability is not binding, it being understood that the Products listed as “not available” could not be ordered by the Customer.
If a Product is listed as “available on request” it means that the Product, in that moment, is not immediately available, but it can be ordered. In that case the delivery period of the Product could be longer than the one of the Product listed as available.
Moreschi could not perform purchase orders which include incomplete or untruthful data, or in case of Product not available.
If the Products displayed in the Ecommerce are no longer available or not on sale at the time of the transmission of the order form and Moreschi cannot, consequently, follow up the purchase order, Moreschi will inform the Customer by e-mail and will reimburse the sum already paid.
5. Product Warranty
Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by Moreschi, according to the law.
The warranty must be enforced directly by the Customer within two months from the discovery of the defect, sending a registered letter to Moreschi, to the address indicated in the premises, explaining the defect discovered. For that reason the Customer is required to store the purchase receipt.
Unless proven otherwise, it is presumed that the lack of conformity that appears within 6 months from the Product delivery was already present at that time, unless this idea is not compatible with the kind of product or with the type of defect.
After the notification of the lack of conformity, Moreschi reserves the right to offer to the Customer the appropriate remedies.
In case of lack of conformity, the Customer has, anyway, the right to the restoration of the conformity of the Product, with no expenses, through repair or replacement, or adequate reduction of the price or termination of the Agreement.
The Customer can ask to Moreschi, at his discretion, to repair or replace the Product, with no expenses in both the cases, unless the remedy asked is objectively impossible or excessively costly, compared to the other.
A small lack of conformity for which it has not been possible or it would have been excessively costly to perform repair or replacement, does not give the right, in any case, to the termination of the Agreement.
6. Post-sale Assistance
The post-sale assistance is provided directly by Moreschi, which could be contacted, for any question, at the address listed in the premises.
The prices of the Products and the related transport expenses could be subject to updates and are VAT included.
By way of example, the price is inclusive of VAT if the Products are shipped and delivered inside the European Union. If the Products are shipped and delivered outside the European Union, the price does not include VAT.
The prices of the Products, expenses, taxes and duties included, are listed in the Product card. The transport expenses are specified in the order form.
The transport expenses, included in the total amount finally displayed, are charged to the Customer in a lump sum that varies according to the total volume of the delivery.
The prices specified in the Product card are effective until the end of the purchase procedure.
If a Product price is on discount and the percentage of discount and/or the original price are displayed, this information will be referred to the price usually charged on the Ecommerce.
Possible taxes, duties, custom duties and other charges provided by the Law of the Country in which the Products will be delivered will be completely borne by the Customer and will be paid by him at the time of the delivery of the Products, directly to the tax or custom authorities in charge or to the courier who has performed the delivery.
8. Payment terms
The Customer can pay the due sum through PayPal (with a PayPal account or with a credit card) or through the other payment instruments listed in the Ecommerce.
Moreschi reserves the right to modify or implement the payment instruments available to the Customer, it being understood that the payment instruments available will be the ones listed on the Ecommerce at the time of the transmission of the order by the Customer.
In case of use of credit card, the charge of the price to the Customer is made once verified the credit card data and received the charge authorisation by the company issuing the credit card used by the Customer.
The credit card data sent during the order process are protected and are transmitted directly to the bank company that manages the payment. The payment occurs directly on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction.
In case of payment with PayPal, at the time of transmission of the order by the Customer, the web session will be transferred onto the secure PayPal website. On that website the Customer can complete the payment of the due price using his PayPal account and under the terms and condition of PayPal service, undersigned in that moment or previously. The charge of the price on the PayPal account occurs at the same time of the transmission of the order confirmation. The price of the Products cannot vary according to the payment instrument selected, under any circumstances.
9. Product transport and delivery
Moreschi is not obliged to the shipment of the Products until it receives the payment of the price; after receiving the payment, Moreschi undertakes to send the Products within 5 working days.
The delivery terms here specified should be considered not compulsory, not essential term but merely formal. Moreschi cannot, in any case, be held responsible for missing the deadline.
Moreschi guarantees the shipment of the Products, by express couriers, selected time by time according to the Product purchased and to the destination, to the delivery address provided by the Customer during the registration process or to a different address provided by the Customer during the order transmission.
The Customer can check the status of orders through the online function “Online Tracking” provided by the courier in charge of the delivery and available in the Reserved Area. The Customer can perform this check only after the shipment of the Products.
The Customer must verify, at the time of delivery, that the packaging and/or the Products pack are intact, not damaged, not wet or otherwise altered, in the sealing materials too.
The Customer must immediately notice any damage of packaging or of Products pack, by placing a check reservation note on the courier delivery receipt, as well as by informing Moreschi by registered e-mail or equivalent technology.
If does not, and in particular if the courier delivery receipt is signed with no objection, the Customer can no longer make any complaint referred to the exterior features of what delivered.
10. Right to termination of the Agreement
The Customer has the right to terminate the Agreement with Moreschi without providing any reason and without any penalty within 14 (fourteen) days, from the day when he or a third party, different from the carrier in charge, obtain the physical possession of the Product. The date indicated on the delivery receipt will prevail.
The right to terminate the Agreement must be enforced by the Customer by sending to Moreschi a registered letter or a written communication by equivalent technology, with an express declaration of the intention to enforce the right to terminate the Agreement, as well as the order number related to the Agreement he wants to terminate. In order to enforce the right to termination, the Customer could use the specific “return form”, available in the order section of the Reserved Area.
For the purposes of complaining with the terms, it is enough that the Customer sends the communication related to the right to termination within the termination period. This communication could be sent by telegram, telex, e-mail and fax too, with a registered letter within the 48 (forty-eight) subsequent hours.
In case the Customer enforces the right to terminate, he must return to Moreschi the Products without any delay and, in any case, within 14 (fourteen) working days from the communication of the termination. The term is complied if the Customer sends the Products within 14 (fourteen) days from the communication of the termination.
The Product will be returned to: MORESCHI SPA – Via Cararola, 69 – 27029 Vigevano (PV).
If the Customer terminates the Agreement, all the costs he had paid to Moreschi will be refunded, the delivery costs included (except for the extra cost due to a particular kind of delivery required by the Customer, and different from the cheaper standard delivery offered by Moreschi), without any delay and in any case within 14 (fourteen) days from the day Moreschi has been informed of the decision of termination of the Agreement. Those reimbursements will be performed through the same payment instrument chosen for the first transaction, except for the Customer expressly required a different payment instrument; in any case the Customer will not bear any cost as result of the reimbursement.
The reimbursement can be interrupted by Moreschi until the Products delivery or until the Customer has given the proof of the shipment.
The costs related to the return of the Products are entirely in charge of the Customer.
The Product must be returned intact, in the usual state of wear. If the Customer enforces the right to terminate the Agreement in any way not compliant with the conditions required by the present section, he will not have the right to any reimbursement.
11. Governing Law
The Agreement is governed by Italian Law, without prejudice to any other overriding mandatory law in the country of residence of the Customer.
In case of dispute arising from the interpretation and/or application of the Agreement will be competent to judge on the merit the Court of the domicile or residence of Customer, if sited in the European Union territory or, the Court of Milan, if the Customer instigates the complaint or if he chooses this Court.
If the Customer is not resident in the European Union territory, the Court of Milan will be competent to judge, according to Italian Law.
The ODR platform is a web-based platform developed by the European Commission. Its objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and servicesout-of-court at a low cost in a simple and fast way. It allows consumers to submit their disputes online in any of the 23 official languages of the European Union. The ODR platform transmits the disputes only to the quality dispute resolution bodies communicated by Member States.
To start an ODR procedure, or to collect more info, click here: http://ec.europa.eu/consumers/odr/index_en.htm
For any claim, please contact directly Moreschi, at the addresses given.
In case that a complaint submitted by the Customer to Moreschi has had an unsatisfactory outcome for the Customer, or has remained without response from Moreschi, the latter agrees to participate in the attempt at conciliation may that could be eventually be promoted by the Client, according to the rules and procedures of the joint conciliation rules of the Netcomm Consortium [link], available at the address: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl, which the customer is required to know.
Moreschi also inform the Client that:
- (I) The conciliation procedure can be initiated only if the claim issued by a customer against Moreschi has had an unsatisfactory outcome for the customer himself, or is left without answer within the deadline by 30 days period within which Moreschi is committed to respond to complaints;
- (II) The application form for the joint conciliation, is available at the address: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl, and it must be sent by the Client only at the following address: firstname.lastname@example.org.
- (III) The person Moreschi in charge to participate in the Joint Settlement procedure, who will also have the power to make and accept the conciliatory proposals, in the name and on behalf of Moreschi, is Francesco Moreschi, domiciled for the purposes of the proceeding by Moreschi.
The Customers can directly contact Moreschi writing to: Moreschi S.p.A., Via Cararola, 69 - 27029 Vigevano (PV) or through the Ecommerce in the CUSTOMER SERVICE Contact Us area.