General conditions of Sale
Premise
This site www.shopaland.com (hereinafter, the " Site ") hosts a technological platform conceived and managed by MOVIDA srl, with registered office in Via Taglio 77/79 41121 Modena, registered in the Modena Company Register, under no. MO - 378321, VAT number 03331880363, PEC movida.srl@pec.it (hereinafter, " Movida "), which connects consumer users (hereinafter, " User" or "Users" ) and sellers for the purpose of a sale of goods (hereinafter, the " Product " or the " Products "). On the Site, Users can purchase both Products sold by Movida and products sold by vendors other than Movida. The Site always clearly indicates whether the Product is sold by Movida or by a seller other than Movida.
These general conditions of sale (hereinafter, the " Contract ") govern the contract for the sale of the Products offered by Movida to the Users of the Site.
When the Product is sold by Movida, the sales contract is concluded exclusively between Movida and the User under the conditions and terms set out in this Agreement.
The general conditions of sale of Movida are made available to the User in the section "General Conditions of Sale" present in the footer of each page of the Site; while the general conditions of sale of each seller other than Movida are made available in the file of this seller which can be accessed by clicking on the name of the seller on the Product page and in each phase of the purchase process.
Below are the general conditions of sale of Movida applicable to the Product specifically indicated on the Site as "sold and shipped by Movida srl".
Object
This Contract has as its object the regulation of the rights and obligations of Movida and the User in the context of a distance sale of Products through the Site governed by articles 45 et seq. of Legislative Decree 6 September 2005, n. 206 (hereinafter, the "Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce. This Agreement refers to Users qualifying as "consumers" pursuant to art. 3, co. 1, lit. a), of Legislative Decree 6 September 2005, n. 206, i.e. "natural persons who act for purposes unrelated to any entrepreneurial or professional activity carried out". The purchase of one or more Products is permitted only on condition that the Users have reached the age of eighteen. The Contract can be modified at any time. Any changes will be effective from the moment of their publication on the Site in the Movida tab which can be accessed on the Product page. Users are therefore invited to access the Site regularly and consult the most updated version of the Contract before making any purchase.
Territory and coverage of the offer
This Contract refers exclusively to sales made by Users having their domicile or residence in Italy.
Registration
The purchase of the Products can only take place after registering on the Site. Users must therefore register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy ( https://www.shopaland. com/content/1-privacy-policy ) and this Agreement. The User has the responsibility to keep his access credentials. It is understood that under no circumstances can Movida be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
Conclusion of the contract
In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Movida informs the User that:
a) to conclude the purchase contract for one or more Products, the Registered User must fill in an order form in electronic format and send it via the Site following the instructions that will appear from time to time;
b) this form will contain the details of the originator and the order, the price of the Product purchased, any additional ancillary charges, payment methods and terms, the address where the Product will be delivered, delivery times and costs, information on the right of withdrawal;
c) the sales contract is considered concluded when the User receives the formal order confirmation from Movida via e-mail.
Availability of Products
The availability of the Products refers to the effective availability at the moment in which the User's order arrives at Movida. This availability must in any case be considered indicative due to the simultaneous presence of several Users on the Site. Movida therefore reserves the right to communicate to the User, to the e-mail address associated with his profile, the possible unavailability of one or more of the Products purchased. The User expressly gives Movida the right to accept even only partially the order placed. In this case, the sales contract will be deemed completed in relation to the Products actually sold.
Movida reserves the right to refuse an order:
a) when the Product is not available;
b) when the User is denied authorization to charge the cost of the Product;
c) when at the time of purchase a clearly incorrect and recognizable price is indicated.
In the case of purchase of a Product that is no longer available, the User will be entitled to immediately terminate the sales contract, except for the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. Alternatively and without prejudice to this right of termination, the User may accept one of the following proposals from Movida:
a) if a restocking of the Product is possible, an extension of the delivery terms, with indication of the new delivery term of the restocked Product;
b) if a restocking of the Product is not possible, the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the User.
The User's choice must be promptly communicated to Movida.
In the event that the User makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, Movida will reimburse the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order, on the same means of payment used by the User for the purchase without undue delay and, in any case, within the term of 14 working days from the day of termination of the Contract.
Product Information
Each Product is accompanied by the Product page. The images, photographs and videos presenting the Products and the descriptions on this page reproduce the characteristics of the Products as closely as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users to display them. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances.
Prices
Movida reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the User will be that indicated in the order summary, displayed to the User before placing the order, and that any changes (increase or decrease) subsequent to the transmission of the order will not be taken into account. order itself. The prices of the Products include VAT and are expressed in Euros and do not include any delivery costs and any additional costs, which will be indicated in the order summary before proceeding with payment.
Payment
The User undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and delivery costs) using the available payment methods. Any refund to the User will be promptly credited using one of the methods proposed and chosen by the User and, in the event of exercising the right of withdrawal, at the latest within 30 days from the date on which Movida became aware of the withdrawal. The Site uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.). Should these third-party tools deny payment authorization, Movida will not be able to supply the Products and will not be responsible for any delay or non-delivery.
The User guarantees that he has the necessary authorizations to use the chosen payment instrument.
In the case of payment by credit card, Movida reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the sending requested, Movida will be able to refuse payment and cancel the order.
Delivery
During the purchase process, before the User sends the order form, the terms within which Movida undertakes to deliver the Products will be indicated. The delivery terms start from the receipt of the formal order confirmation by Movida, unless otherwise indicated. The delivery term will be indicated in the order confirmation. In the event of omitted indication of the delivery term, it will take place, in any case, within 30 days from the date of conclusion of the contract.
Movida cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order form by the User, nor can it also be held responsible for any damage that may have occurred to the Products after delivery to the appointed carrier of their transport as well as for delays in delivery attributable to the latter.
Movida undertakes to deliver the Products to the address communicated by the User in the order form, via the carrier in charge of the transport.
Movida carries out deliveries throughout the Italian territory. Deliveries to disadvantaged areas (e.g. Venice Lagoon) could lead to variations in the indicated transport rates.
If the User intends to place a purchase order through the Site from abroad, he must necessarily communicate a delivery address in Italy. PO Boxes are not considered valid addresses for delivery purposes.
Deliveries are made from Monday to Friday. Delivery is understood to be at street level unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the User when definitively confirming the order.
Upon delivery, the User must verify the content, conformity and condition of the Product(s). Therefore, upon delivery, the User is advised to check the condition of the delivered Products before signing the receipt document.
In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
Withdrawal of the Products in the event of the User's absence
In the event of the recipient's absence during the delivery, the carrier will leave a notice of passage at the delivery address indicated by the User. In the event of the recipient's absence even on the second delivery attempt, the Products must be collected at the address and in the manner indicated by the carrier.
In case of non-collection within the term established by the carrier, the Products will be returned to Movida and the purchase contract will be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Civil Code As a result of the termination, the order will be canceled and Movida will refund the amount paid by the User. The termination of the contract and the refund amount will be communicated to the User via e-mail. The refund amount will be credited to the same payment method used for the purchase.
Right of withdrawal
The User has the right to withdraw from the Product purchase contract, without indicating the reasons, starting from the receipt of the order confirmation sent by Movida within and no later than 14 days from the receipt of the Product to the address indicated for the delivery.
To exercise the right of withdrawal, the User is required to inform Movida via an explicit declaration to be sent to the address info@shopaland.com , using the form to exercise the right of withdrawal shown in the following art. 12.
Communication must be including indication of recipient's details, order number and date of receipt. To meet the withdrawal deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
If the Product has already been delivered, the User is required to return it to Movida without undue delay and in any case within 14 days from the day on which the User communicated the withdrawal. The Product is considered returned when it is delivered to the accepting post office and/or courier. The User is responsible for the diminished value of the Product resulting from its handling other than that necessary to establish the nature, characteristics and functioning of the Product.
If the Product has been delivered, the substantial integrity of the Product to be returned is an essential condition for exercising the right of withdrawal. The User must send the Product properly packaged and packaged. The Product must be kept in a normal state of conservation, guarded with the use of normal diligence. Damaged products will not be replaced or refunded. The User must insert a copy of the delivery document received inside the packing box. The transport risks for returning the Products and the return costs are the responsibility of the User.
If the User exercises the right of withdrawal, all payments he has made to Movida will be refunded, including delivery costs (with the exception of additional costs deriving from the User's choice of a type of delivery other than the type cheaper than standard delivery offered). These refunds will be made using the same means of payment that the User chose for the initial transaction, unless the User has expressly agreed otherwise.
The refund will be made within 14 days from the date on which Movida received the returned Product in accordance with the above.
As foreseen by the art. 59 of the Consumer Code, the right of withdrawal governed by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
Optional form to exercise the right of withdrawal
The User can withdraw from the purchase contract using the following form, which must be completed in its entirety and sent to the e-mail address info@shopaland.com before the expiry of the withdrawal period:
"With this form I communicate the withdrawal from the sales contract relating to the following goods/services __________
Order number: _______
Ordered on: _______
Name and surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________”
Warranty
All Products that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code. Movida is liable to the User for any lack of conformity existing at the time of delivery of the Product.
Any faults or malfunctions caused by accidental events or by the User's responsibility or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product are excluded from the scope of the legal guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity which occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the User will have to provide proof that the damage did not originate from an incorrect or improper use of the Product.
In order to take advantage of the legal guarantee, the User must provide proof of the date of purchase and delivery of the Product. It will be advisable for the User to keep the order confirmation or the purchase invoice as well as the transport document or any other document that can certify the date of the purchase and the date of delivery.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore the conformity of the Product, free of charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an appropriate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) Movida did not proceed with the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the User.
If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must send a written communication to the e-mail address info@shopaland.com . Movida will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
Intellectual and industrial property rights
The Site, as well as all trademarks and distinctive signs used in connection with the sale of the Products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in in any form and for any purpose.
Movida declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Products offered through the Site and the materials and contents available on the Site.
The User is not granted any license to use the Site and/or individual contents and/or materials available therein and all intellectual property rights relative and/or pertaining to the Products offered through the Site, unless otherwise regulated.
All trademarks, figurative or registered and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on the Site are and remain the property of the legitimate owner or its licensors and are protected applicable trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of the Site, if not authorized, will be considered violations of intellectual and industrial property rights.
Protection of personal data
For information relating to the processing of Users' personal data collected when accessing and/or registering on the Site and/or making purchases on the Site, please refer to the privacy information available on the Privacy page published on the Site, https:/ /www.shopaland.com/content/1-privacy-policy pursuant to art. 13 of EU Regulation 2016/679.
It should be noted that as provider of the registration service, sole trader, manager of the Site as well as the subject who is exclusively responsible for identifying and implementing the technical and organizational methods that govern the processing of data personal data residing on the Site, Movida assumes the role of "data controller" of the User's personal data provided for technical purposes of the Site and necessary for the execution of the sales contract and of any additional personal data provided by Users on the occasion of the exercise of the rights arising from the sales contract.
Nullity
Should one or more provisions of these general conditions be considered invalid or declared as such in application of a law, regulation or following a definitive decision taken by a competent jurisdiction, the other provisions will retain all their force and their value.
Applicable Law and Competent Court
Pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the User, if located in the territory of the Italian State, without prejudice to the right for the User to bring proceedings before a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
Online Dispute Resolution for Consumer Users
Online dispute resolution for consumer Users is a process that allows Users residing in the European Union to submit their complaints relating to contracts entered into online with companies based in the EU. Pursuant to art. 14 of Regulation 524/2013/EU, these companies are required to inform their Users of the possibility of using this tool and to make available on their website the link to the so-called "ODR platform" (Online Dispute Resolution) provided by the European Commission.
