Terms and conditions of sale
These terms and conditions of sale (hereinafter, the “Terms and Conditions”) govern the distance selling, on the website www.larfinedeco.com (hereinafter, “The Website”) of products under the trademark registered in the E.U. of MOODULA di Sandro Poli & C SaS, with registered office in Via di Saliceto, 22, 40128 Bologna, Tax code and VAT number: 0390765120, email: ciao@larfinedeco.it (hereinafter, “MOODULA” or, the “Seller”).
1. How these Terms and Conditions apply
1.1 These Terms and Conditions, published in the home page of the Website, which the customer is allowed to store and reproduce, apply to all sales contracts concluded through the Website. They can be modified at any time by MOODULA. In any case, the terms and conditions of sale in force on the date of the order will apply to the purchase of the Customer.
2. How to purchase products on the Website
Information concerning the conclusion of contract between Customer and Seller pursuant to Italian Legislative Decree no. 70/2003 70/2003
2.1 To conclude the purchase contract for one or more products, the user must electronically send a purchase order proposal to the Seller by filling out the form available on the website.
2.2 The Customer undertakes to verify the correctness of the data entered at the time of the order. The Customer is required to read the terms and conditions of sale and to expressly accept them by ticking the appropriate box.
2.3 Once the proposal has been sent, the Customer will receive an automatic email confirming the dispatch. This email does not constitute acceptance of the order by the Seller.
2.4 The contract is concluded when the order proposal is expressly accepted by the Seller.
In compliance with article 51, paragraph 7, of the Italian Legislative Decree 6 September 2005, n. 206 (the “Consumer Code”), with the order confirmation, the Seller will provide via e-mail: a summary of the General Conditions of sale and the particular conditions applicable to the purchase, information on the characteristics of the product ordered with the relative price (including all applicable taxes or duties), on the means of payment, on the delivery methods and costs, on the exercise of the right of withdrawal for consumer customers, on the contacts of the Customer Service.
2.5 The order proposal sent will be filed in the Seller’s database for the period of time necessary to process it and in any case in accordance with the law. The customer can access his order proposal form by consulting the “My Order” section on the Website.
2.6 The Seller reserves the right not to accept purchase order proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. If the products displayed on the Website are no longer available or on sale at the time of receipt or processing of the purchase order proposal, it will be the Seller’s responsibility to notify the customer, promptly and in any case within thirty (30) days, of any unavailability of products. If the price has already been paid, the Seller will reimburse, without undue delay, what has already been advanced by the customer and the sales contract will be considered terminated.
3. Registration on the Website
3.1 The purchase of products on the Website is allowed for registered users only.
Registration on the Website is free. To register on the Website, the user must fill in the registration form accessible from the “Login” link on any page of the Website. TO VERIFY
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties.
3.3. 3.3. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform the Seller without delay in the event of suspected misuse and / or disclosure of the same.
3.4 The user guarantees that the personal information provided during the registration procedure on the Website is complete and truthful. The user agrees to hold the Seller harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules of registration on the Website or on the conservation of registration credentials.
4. Caratteristiche e descrizione dei Prodotti
4.1 The Products are the result of both industrial and craft manufacturing: this implies that some parts of the Products are handmade.
4.2 On the Website, each Product is accompanied by a Product Sheet relating to the characteristics of the Product. Before placing his/her order, the Customer is required to read the Product Sheet and all the information concerning the Product available on the Website.
4.3 The images on the Website reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the real ones due to the display settings of the computer systems and computers used by users. The images of the Products may differ in size or in relation to any accessories. These images must therefore be intended as indicative and with the tolerances of use.
5. Prices
5.1 All the prices of the Products indicated on the Website are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code. The sales prices are inclusive of VAT according to the rates in force.
5.2 The shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is placed by the Customer and also contained on the web page summary of the order placed.
5.3 The Seller reserves the right to change prices at any time and without notice. In any case, the prices in effect at the time of the order apply to the customer.
6. Payments and Refunds
6.1 Payments by the Customer are made compulsorily at the time of the order by credit card, Paypal, or by means of one of the payment methods indicated on the Website.
6.2 The Products will remain the property of the Seller until the customer has paid the total amount due.
6.3 In order to ensure the security of payments made on the Website and prevent any fraud, the Seller reserves the right to ask the user to send, by e-mail, a front / back copy of his/her identity card and, in the event that the placer of the order is different from the holder of the card, the Seller may request copy of the identity card of the latter. The document must be valid. The deadline by which the document must reach the Seller will be specified in the Seller’s e-mail request. Pending the requested document, the order will be suspended.
6.4 Failure to send the documents within the required deadline or the sending of non-compliant documents entails the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code and cancellation of the order, with consequent refund of any amount paid.
6.5 In case of exercise of the right of withdrawal by the Consumer Customer, the refund will be credited through the same payment method used by the Consumer Customer, or through a different method proposed by the Seller and accepted by the Consumer Customer. The refund will be made promptly and at the latest within 14 (fourteen) days from the date on which the Seller received the returned products and verified the legitimacy of the return made by the Consumer Customer.
7. Delivery of products
7.1 The Products will be shipped to the address indicated by the professional Customer in the purchase order. It is understood that: (i) delivery is carried out ex works at the Seller’s premises and (ii) transport – even when effected with the carrier chosen by the Seller – is carried out on behalf and under the responsibility of the professional Customer.
7.2 In the case of a Consumer Customer, the Products will be delivered to the address indicated by the Consumer within 30 days from the date of the order. Where required by the nature and / or availability of the Product (eg. Product to be ordered or Product unavailable), the Seller may propose a delivery term of more than 30 days from the date of the order. In this case, the acceptance of the delivery deadline will be subject to the express approval of the Consumer Customer.
7.3 The delivery times of the Products indicated on the Website and during the purchase procedure are indicative and may be subject to delays for impediments beyond the control of the Seller and for causes of force majeure such as, by way of example and not limited to, strikes, natural disasters, epidemic and pandemic events, provisions of the Authority. In the event of delivery delays, the Customer will be notified by e-mail.
7.4 At the time of delivery, the Customer must check the correspondence of the Products delivered with those ordered and, in particular, the integrity and absence of external defects. The Customer is required to refuse delivery or to sign the transport document with reserve if the package received does not appear intact.
8. Warranty
Professional customer
8.1 The warranty applies to manufacturing defects of the Products and does not cover defects originating during the transport, even if the transport takes place through a carrier chosen by the Seller. The transport is in fact assumed by the Seller, at the expense and risk of the professional Customer. The ordinary terms and conditions of guarantee provided for by Italian Civil Code apply.
Consumer customer
8.2 The legal guarantee of 24 months from delivery applies to the Product purchased by the Consumer Customer which are not in conformity with the contract of sale.
8.3 A Product has a lack of conformity when: a) it is not suitable for the use for which it must normally be used; (b) does not conform to the description or does not possess the qualities promised by the seller; (c) does not offer the usual qualities and performances of a good of the same type; (d) it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.
8.4 In order to benefit from this guarantee, the Consumer Customer is required to report the lack of conformity within two months of its discovery. The Consumer Customer can ask the Seller to repair or replace the Product at his/her choice. In any case, the repairs will be carried out within a reasonable time from the request, without causing significant inconvenience to the Consumer Customer. If the aforementioned remedies are impossible or excessively burdensome, the Consumer Customer has the right, at his/her choice, to a price reduction or to the possible termination of the Contract. The termination of the Contract is however excluded in the event that a minor lack of conformity has occurred for which repair or replacement is not possible or excessively burdensome.
8.5 Defects caused to the Product by incorrect assembly by The Customer, by accidental bumps and falls, by improper use or not in accordance with the normal intended use of the Product, by failure to comply with the instructions for use, assembly and maintenance, or deriving from ordinary wear and tear and from any other circumstance not attributable to the Seller are expressly excluded from the warranty.
8.6 The Customer is required to carefully consult and keep the instructions for use, assembly and maintenance supplied with the Product before its use.
9. Privacy
In accordance with EU Regulation 679/16 (“General Data Protection Regulation – GDPR”), the Customer declares to have read the Privacy information, available on the website, when filling the online order forms.
10. Consumer’s right of withdrawal
10.1 The customer who is a consumer pursuant to art. 3, I comma, lett. a) of Italian Legislative Decree 206/2005 (“Consumer Code”) can withdraw from the contract, within 14 days from delivery of the Product, without any explanation or cost. The standard instructions on withdrawal, reimbursement and the withdrawal form are made available to the customer on the Website (www.larfinedeco.com), via the link “Returns” / “Refunds“; these instructions are recalled in the order confirmation e-mail.
10.2 The Consumer must return the Product, within 14 days from the date on which he communicated his intention to withdraw from the contract, by sending it to the following address: MOODULA, Via di Saliceto, 22, 40128 Bologna, Italy. Shipping costs for the return are borne by the Consumer and are non-refundable.
10.3 The returned product must be in a normal state of conservation and substantially intact, must be in its original packaging, complete with all accessories, without any lack. The Consumer will only be liable for the decrease in value of the Product resulting from manipulation other than that necessary to verify the nature, characteristics and functioning of the product. 9.4 The Consumer will only be liable for the decrease in value of the Product resulting from handling other than that necessary to verify the nature, characteristics and functioning of the product.
10.4 Within 14 days of receipt of the returned products and after verifying the state and identity of the same, the Seller will refund the entire price paid by the Consumer using the same payment method used for the purchase, without any liability for any delays in reimbursement attributable to the payment circuit used by the Customer.
11. Customer Care and complaints
It is possible to request information, send communications or submit complaints relating to the Product by contacting the Seller’s customer service in the following ways and at the following addresses:
- by e-mail, at info@moodula.it;
- by telephone, to the number +39 351 7302373 (active from Monday to Friday, from 8:30 to 18:30), excluding Saturdays and Sundays and national holidays;
- by post, writing to MOODULA, Via di Saliceto, 22, 40128 Bologna, Italy The Seller will respond to complaints by e-mail or by post within five working days from receipt of the same.
12. Applicable law
The contract will be governed by these terms and conditions, as well as by Italian law (civil code and, for Consumer Customers only, the Consumer Code).
13. Dispute Resolution
13.1 The court of the place where the Consumer resides or has elected domicile is competent for any dispute relating to these Terms and Conditions and sales contract entered into by consumers.
Without prejudice to the consumer’s right to take legal action, pursuant to art. 141-sexies, paragraph 3 of the Legislative Decree 6 September 2005, n. 206 (Italian Consumer Code), the same consumer may also have recourse to an extrajudicial dispute resolution body (so-called ODR), even online. The list of ADR bodies is available at the following address http://ec.europa.eu/consumers/odr/
13.3 For all other disputes involving a party who does not qualify as a consumer, the court of the Seller’s headquarters will have exclusive jurisdiction.