Online sales contract

ONLINE SALES CONTRACT MOBILCASA CONTEMPORARY PROJECT DI  RIDONDELLI F. & C. S.N.C.

1. SELLER'S DATA
Mobilcasa Contemporary Project by Ridondelli F. & C. S.n.c. [C.F./P. IVA 02012300501, registration number at R.I 173509], with registered office in San Giuliano Terme (Pi), Via Muratori n.1, CAP 56017  telephone nr.  050/890778 and Customer Service’s Fax nr. 050/890498 E-mail: info@mobilcasa-pisa.com.
For the sake of brevity, hereinafter: Mobilcasa s.n.c.

Informs that Mobilcasa s.n.c. is the official authorized dealer of all the brands on the site.
that it is possible to purchase through the website www.mobilcasa-pisa.com (hereinafter, the Website), in the areas: Orderable Products, Outlet and Available Products -Expo, the products illustrated therein.
that, in the same way, it is also possible to purchase, only for some areas in the national territory, a series of services, including installation of household appliances and assembly, by personnel with the necessary qualifications. All expenses that are not expressly charged to the buyer are always to be borne by the seller, unless otherwise agreed.

2. GENERAL NOTES
This Agreement, which can be downloaded in Italian and English, applies exclusively to the remote sale via the web of the products and services offered on the Site.
For some products, there is the possibility of purchasing by placing the product in the virtual cart, while for other products, the purchase can only take place following a request for a quote from the seller.
The seller constantly updates the Site and its contents.
In the event of changes to this Agreement, the contractual rules published on the Site at the time the order is sent will apply to the purchase order made by the buyer.
The Site provides the information required by the Consumer Code (Legislative Decree 206/2005) on the main characteristics of all products as required by art. 6, as well as all the additional indications provided for the so-called distance contracts (Article 49).The technical and functional characteristics relating to the Products, published by Mobilcasa s.n.c, are those communicated by the respective manufacturers as descriptive of the items they commercialize.
This information is made available on the site and can be downloaded in Italian and English if made available by the manufacturer.
The consultation of the Site, by the purchaser, enable the consultation of the information published therein and implies consent to the use of the digital format for all deeds or documents relating to the sale of goods and the provision of services offered, without the need for paper-documentation support.

3. OFFER TO THE PUBLIC AND PURCHASE ORDER
The products and services with the relative prices, as proposed on the Site, are offered to the public, in accordance with the procedures specified in the Contract and on the Site itself.
The contractual rules relating to this offer apply exclusively to purchases made through the Site.
Purchase orders must be made online through the procedure outlined on the Site.
The order is intended to be sent to the seller after the buyer has:
a) correctly completed all the mandatory fields in the order form published online;
b) clicked the button for sending the order.

The order is also intended to be sent when the Customer accepts a quote that he has requested online. In this case, the quote sent will contain a link that redirects the Customer to the summary page of the order placed with buttons to proceed with the payment ("Order payment by bank transfer", "Order payment by credit card", Order payment with Paypal ")
The "validation click" of the payment constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Any errors in entering the data can be corrected, before clicking the "Proceed with the Purchase" button, by clicking the "Go to the Cart" button ("Go to the cart") by modifying the content of the fields filled in, or after clicking the "Proceed with the Purchase" button, informing the seller, via the e-mail address: info@mobilcasa-pisa.com, by and no later than 24 hours after placing the order. Even the header and the billing data can be changed with the same procedure within the following 24 hours. After that no change in the invoice will be possible, especially after the issuance of the same.
The buyer commits to communicate, at the time of the order, via e-mail to the seller's address, any impediments or problems that may make delivery of the goods difficult or impossible, committing to their timely removal. Otherwise, the costs arising from any omissions or errors of the buyer will be at his sole expense.

4. PRICES AND EXPENSES
The guaranteed price to the buyer is the one published on the Site at the time the order is sent or the one indicated in the quote sent following the request, without any consideration of previous offers or any subsequent price changes.
All prices of the products and services offered on the Site are inclusive of taxes. Any change in taxes, occurring after acceptance and before payment, will result in a consequent change in the agreed price.
Any customs duties for non-EU shipments are always charged to the customer.
Shipping costs are excluded and calculated in a specific cost item.
All costs charged to the buyer are indicated in the order.
All payments must be made within 10 (ten) working days from the date of order confirmation by one of the following means:
1. Bank transfer
2. Credit Card and PayPal

In case of payment by bank transfer, the customer must select the "BANK TRANSFERT" option. The transfer must be made to the following bank details:
current account no. 730294 in the name of Mobilcasa Contemporary Project of F. Ridondelli & C. S.N.C.
Bank: Monte dei Paschi di Siena S.p.a .; Branch of Vecchiano (Pi)
IBAN: IT 32 Q 01030 71200 000000730294
BBAN: Q 01030 71200 000000730294
BIC/SWIFT CODE: PASCITM1Y82
The purpose of the bank transfer must indicate: the name and surname of the customer or the company name, the number and date of the order. For the purposes of timeliness of payment, the date of crediting of the amount transferred by the Customer to the current account of Mobilcasa s.n.c. will be valid.
In case of payment by credit card or Paypal, the customer will instead use the Paypal or Nexi payment platform to which he will be directed after clicking on "Proceed with the purchase". No data relating to the Customer's credit card or Paypal account will transit on to Mobilcasa s.n.c. For the purposes of timeliness of payment, the date of receipt of the transaction confirmation by the circuit will prevail.
Mobilcasa s.n.c. will keep the ordered material busy for a period not exceeding 10 (ten) working days from the date of the order confirmation after which, in the event that the money is not credited, the contract is automatically terminated and the order will not will be executed.

5. CONCLUSION OF THE CONTRACT
The Contract will be concluded between the seller and the buyer at the time of acceptance of the order by the seller.
Mobilcasa s.n.c. reserves the right not to confirm an order for any reason relating in particular to a problem concerning the order received or the supply of Products.
Both in the case of an order relating to a product that can be purchased directly from the site and in the case of an order relating to a product that can be purchased online only after requesting and accepting a quote, the seller will send the buyer, without delay, a summary with information relating to the essential characteristics of the goods or any service and the detailed indication of the relative prices, means of payment, delivery costs and applicable taxes (hereinafter, Order Confirmation).
For this purpose, the seller will use the e-mail address indicated by the buyer at the time of the order, disclaiming any responsibility in the event of an incorrect address.
It will be the customer's responsibility to verify the accuracy of the data reported and notify the seller of any corrections within 24 hours of receipt of the Order Confirmation.
If there are occasional unavailability of the products on the Site and chosen by the buyer, the seller will notify the buyer as soon as possible or within 5 working days of placing the order at the latest. In this case, the buyer can replace the ordered model with another available one, agreeing on the regulation of any change in price and delivery terms, or alternatively obtain the cancellation of the order without other charges, including economic ones, at his expense.

6. DESCRIPTIONS OF THE GOODS AND SERVICES MADE AVAILABLE BY THE SELLER
For Products that can be purchased online in the "Orderable Products" section, the technical data sheets of the goods and services offered on the Site are valid between the seller and the buyer, while the images published therein are indicative and not binding.
The technical and functional characteristics relating to the Products, published by Mobilcasa snc through its information messages on the internet pages describing the articles, are those communicated by the respective manufacturers. Mobilcasa snc assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding. It must be borne in mind that for natural products (wood, leather, leather, marble etc.) and for lacquering, slight differences or dystonias in color are tolerated compared to the images that may be visible on the site.
The Products are not provided on trial. Nevertheless, the operators of Mobilcasa snc are available to provide information on the characteristics of the Products, at the request of the Customer, through the channels indicated on the site (Contacts). The Customer is in any case responsible for the choice of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated for each Product by the relevant Manufacturer.
For Products that can be purchased online in the "Outlet" section and in the "Products available - expo" section, the images instead correspond exactly to the product that you are going to buy, since they are goods that are displayed at the Mobilcasa s.n.c. showroom. and which, therefore, may be subject to slight defects or small color variations. In any case, for these products the customer can request additional photos and additional information from the seller at the addresses indicated (Contacts).

7. DELIVERY
At the time of the order, the Customer can choose between the following delivery methods:
1. Collection at the point of sale;
2. Courier chosen by Mobilcasa s.n.c. among those of his trust (as specified below);
3. Courier chosen by the buyer.
In the first case (Collection at the point of sale) the Customer must go to the Mobilcasa s.n.c. showroom. located in Via Pietrasantina n. 2 - 56017 Madonna dell’Acqua (PI).
In the second case (Delivery by Courier), the Products will be delivered to the address indicated by the Customer at the time of the order.
Shipments will take place after Mobilcasa s.n.c. will have received confirmation of payments: in the case of payment by bank transfer, the date of crediting the transfer to the current account of Mobilcasa snc will prevail, in the case of payment by credit card and PayPal, the date of receipt of the confirmation will be valid transaction by the circuit.
The delivery date indicated at the time of the conclusion of the contract is purely indicative. Subsequently, from the moment of collection of the goods by the courier, the seller will be able to communicate to the buyer the tracking of the shipment or in any case the presumable date of delivery of the ordered goods.
If the buyer or seller need to change this date, they can do so only once, free of charge and without penalties or additional expenses, by communicating it in writing at least 48 hours before the established date.
Otherwise, each party is liable for any costs arising from its choice to change the delivery date. In such situations, the seller will promptly notify the buyer of a new deadline within which it will deliver and will make every reasonable effort to fulfill all its obligations. At any time (except holidays) the buyer can obtain information on the progress of the Contract by contacting Mobilcasa s.n.c. at the telephone number shown in the Order Confirmation or on the website.
In case of absence of the recipient at the time of delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the deadline set by the carrier, the Products will be returned to Mobilcasa s.n.c., which reserves the right to reimburse the price of the Products, leaving the shipping costs to be borne by the Customer.
In the event that the Customer receives by mistake one or more products not present in his order and/or different from the one/s ordered, the Customer undertakes to return said Product/s to Mobilcasa s.n.c. within 7 (seven) days of receipt, with the packaging intact, in the original state and packaging, as well as with the accompanying documents, photos of the goods and packaging.
Once the Product(s) has been properly packaged and equipped from the Customer, Mobilcasa s.n.c. will, at its own expense, send the Product/s initially ordered to the Customer.
For its shipments Mobilcasa s.n.c. relies on its staff or the service of qualified express couriers such as: Brt, ARCESE TRASPORTI, TRAMO CONTRACT, DMI TRASPORTI or couriers specialized in the delivery of furniture and furnishings to ensure the quality of the service and the integrity of the Products.
Without prejudice to the provisions of art. 61 of the Consumer Code and art. 125 quinquies, legislative decree 1 September 1993 n. 385. In particular, in the event of termination of the contract pursuant to art. 61 of the Consumer Code, by the consumer, the seller is required to reimburse all sums paid without undue delay, while in the event of termination of the contract pursuant to art. 125 quinquies, legislative decree 1 September n. 385, the consumer has the right to terminate the credit agreement, when the conditions set out in art. 1455 of the Italian Civil Code

The seller and the buyer are not responsible for the delay in delivery, if this is due to force majeure or unforeseeable circumstances. In addition to those normally considered by the jurisprudence, the following cases are explicitly considered as cases of force majeure: - total or partial strikes, internal or external to the company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the internet.
In the event of force majeure, the execution of the order will be suspended, initially, in full right.
If the seller and the buyer, after a period of 3 (three) months, find the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
The goods are delivered, unless otherwise agreed with the courier, on the roadside.
Furthermore, it will be the customer's responsibility to keep the packaging for the entire duration of the warranty of the goods. It is not possible to arrange deliveries by appointment unless it is expressly specified at the time of the order.

8. DEFECTS, ANOMALIES AND CONFORMITY DEFECTS
Upon delivery, the buyer checks that the product is actually the one ordered, in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment and that the packaging is intact.
In case of evident discrepancies between the order and the transport document, errors in the product or in its quantity, the Customer may refuse to accept the package, having his refusal noted on the transport document and immediately reporting the error to Mobilcasa snc by telephone or e-mail or fax
While in the event of obvious anomalies, faults and obvious defects in the delivered goods or in the packaging (for example: scratches, stains, dents), the buyer makes a note of the anomaly on the transport documents, specifying the type of anomaly found (yes accepts with reserve for ...) and gives prompt notice to the seller, using the contact details indicated in art. 1 of the contract.

9. WARRANTIES
The provisions of the Consumer Code (Article 128 et seq.) regarding the guarantee of conformity of the goods sold apply to the contract. In particular, the consumer, at no cost to him, has the right to restore the conformity of the purchased good, by repair or replacement by the seller.
To this end, the consumer must communicate the lack of conformity to the seller within two months from the date of discovery.The legal guarantee of conformity covers defects that occur in the two years following delivery, including those deriving from imperfect installation and assembly carried out by the seller as required by art. 128 and ss. of the consumer code.
In the case of products with additional guarantees issued directly by the manufacturer, the seller undertakes to provide the buyer with the closest contact details of the manufacturer's assistance network.
Technical assistance and warranty interventions on the Products are carried out, where provided, by the individual Manufacturers, according to the terms and methods indicated in the documentation attached to the Products themselves. Mobilcasa s.n.c. does not provide any additional guarantee on the Products with respect to that provided by the individual Manufacturers.
In particular, Mobilcasa s.n.c. does not provide any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use intended by the Customer, even if explicitly stated at the time of the order.
Without prejudice to the cases of willful misconduct or gross negligence of Mobilcasa s.n.c. as of now it is agreed that, should the responsibility of Mobilcasa s.n.c. be ascertained for any reason towards the Customer - including the case of total or partial non-fulfillment of the obligations assumed by Mobilcasa s.n.c. towards the Customer as a result of the execution of an order - the responsibility of Mobilcasa s.n.c. it cannot be higher than the price of the Products purchased by the Customer and for which the dispute has arisen. No limitation of liability is envisaged in the event of death or damage to the person of the consumer.

10. RIGHT OF WITHDRAWAL
Pursuant to art. 53 of the Consumer Code, the Customer (if qualifying as a "consumer" pursuant to Article 3 letter a) of the Consumer Code) has the right to withdraw from the contract and to return the Products ordered, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from receipt of the Products.
The right of withdrawal can be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform the seller by means of an explicit declaration, no later than the times indicated above, through the channels indicated on the Site (Contacts), for example:
by registered letter with return receipt to the address: Mobilcasa s.n.c.-Via Pietrasantina 2 - 56017- San Giuliano Terme (PI)
by fax to the number: +39 050 890778
by email to the email address: info@mobilcasa-pisa.it

To this end, it is possible but not mandatory to use the withdrawal form on the site.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
By withdrawing from the contract, all payments made in favor of Mobilcasa snc will be reimbursed to the Customer, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by the seller. ), without undue delay and in any case no later than 14 days from the date on which the seller is informed of the consumer's decision to withdraw from this contract.
These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly requested another method; in any case, it will not have to incur any costs as a consequence of this reimbursement.
The seller reserves the right to withhold the refund, unless he has offered the possibility to collect the goods himself, until he has received the goods in order to be able to verify the conformity and integrity of the returned goods,

The returned goods must be returned or delivered to the address
Mobilcasa s.n.c. - Via Pietrasantina n.2 - 56017 San Giuliano Terme (PI)
without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract. The deadline is met if the goods are returned before the 14-day period has expired.
All direct costs of returning the goods will be borne by the customer.
The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The returned goods must be returned in resalable conditions.
The right of withdrawal cannot be exercised by the Customer in the event that the Products purchased have been made according to the Customer's requests, are personalized, may deteriorate or expire rapidly or they are goods sold sealed and which do not lend themselves to being returned for hygienic reasons. In fact, in such cases, as required by law and expressly provided for by the Consumer Code (Article 59 letter c); d) and e) of Legislative Decree 206/2005) the rules relating to the right of withdrawal do not apply.
In the last cases mentioned, therefore, once the good has been purchased (by sending the order and paying the price), the Customer, both consumer and professional, cannot simply reconsider and demand the cancellation of the contract with the return of the price, because the manufacturer is making or has already made a product with the specific characteristics requested by the customer.

11. WEEE
The seller collects free of charge the waste electrical and electronic equipment (RAEE) of the same type as the new electrical and electronic equipment (AEE) purchased by the buyer, in the proportion of one to one (for example: an oven for an oven, a lamp for a lamp, etc.).
There is no free collection for a purchase of items not belonging to the AEE category.
The related request must be sent by the buyer to the seller, using the e-mail address info@mobilcasa-pisa.it within the day following receipt of the order confirmation. To this end, it is necessary to report the number of the Order Confirmation and the refusal to be collected. It must belong to the same type of goods purchased, and must be in conditions that do not pose a risk to the safety of those who have to move it, without adding any extraneous elements or materials. If the refusal does not correspond to the aforementioned conditions, the seller will refrain from withdrawing it.

12. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement must be interpreted in accordance with Italian law. The parties mutually acknowledge that alternative forms of dispute resolution are available and that, in particular, the seller and the buyer may submit disputes arising from this contract and connected to it (including those relating to its interpretation, validity, effectiveness, execution and termination):
• the assisted negotiation procedure (referred to in Article 2 of Legislative Decree 12 September 2014, no. 132, converted with amendments by Law 10 November 2014, no. 162);
• the joint conciliation procedure (if applicable);
• attempted mediation with the Bodies established at the Chambers of Commerce or other mediation bodies recognized pursuant to Legislative Decree 28/2010.
In the event of choosing one of the aforementioned out-of-court resolution tools, the seller and the buyer undertake to use it before starting any judicial or arbitration proceedings.
For disputes concerning consumers, the court of the consumer's place of residence or domicile is exclusively competent.
The Court of Pisa is exclusively competent for all other disputes.
In any case, the mandatory provisions in force in the state of residence of the consumer are reserved.
Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale of Mobilcasa snc: 1-2-3-4-5 -6-7-8-9-10-11-12.

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