Terms and Conditions
The offer and the sale of Products through this online shop is proposed by the company Mollura & C. SPA, and are drawn up in compliance with the regulations on electronic commerce and distance sale contracts.
Mollura & C. SPA is an official authorized dealer of all the Brands on this Website.
Mollura & C. SPA
S.S. 114 Km 6,400
98128 Tremestieri Messina - Italia
Tel : +39.090.6258945 | Fax : +39.090.6255948
E-mail: [email protected]
The Customer declares to have read all the information and general conditions of sale presented herein, before placing an order.
General Conditions of Sale
These general conditions of sale ("General Conditions") regulate methods and conditions of sale of the products marketed by Mohd ("Products").
All products sales contracts from Mollura & C. SPA to third parties ("Customers") are regulated by these General Conditions, which are an integral and essential part of any proposal, order and placement of a purchase order for the Products. Sales conditions applied to the orders are those in force at the moment of placing the order.
1. Products: prices and features
Unless otherwise agreed, Products prices published on the website by Mollura & C. SPA are in Euros, include VAT but exclude delivery costs. Prices guaranteed to the Customer shall be those published on the Website on the day the order is placed. The price stated at the moment of purchase is fixed and definitive.
Deliveries outside of the EU also not include customs, that will be charged to the Customer and will be asked for by the courier at the moment of delivering the goods.
Prices presented on the Website by Mollura & C. SPA cancel and replace the previously stated ones, and are subject to Products availability.
Technical and functional features of the Products published by Mollura & C. SPA contained in this Website to illustrate Products, are those sent by producers. Mollura & C. SPA is not liable for the truthfulness and completeness of the information. Products images are for illustrative purpose only and are not binding.
Products cannot be sent for testing. Although Mohd operators can provide Customers with information on the Products, the Customer is responsible for the choice of the Products ordered and for their conformity to the specifications sent by each producer.
2. Orders - billing
Each order placed represents a contractual proposal of the Customer. Clearance of the order by Mollura & C. SPA represents its confirmation and acceptance.
Tax documents related to orders will be issued by Mollura & C. SPA at the time of dispatching Products to the Customers.
The invoice will be issued by Mollura & C. SPA. The Customer will have to indicate the exact necessary data and the billing address.
3. Order fulfillment
The order will be fulfilled according to the terms stated on the Website.
Once an order is confirmed, it should be cancelled only within 24 hours, at the end of which the customer is obliged to pay for the order. In accordance with the laws, our customers, anyway, could return the order within 14 days of receipt, as our return policy states (9. Right to Cancel).
Deliveries usually take place within 2 working days in Italy, within 5 working days in Europe, within 6 working days for other destinations in the world, if Products are marked as "available".
Should the order not be executed (in the event of unavailability of the Product ordered), Mollura & C. SPA will inform the Customer as soon as possible about the delivery time, subject to the Product availability. Should the Customer not intend to wait (no later than 30 - thirty - weekdays) and decide to give up the Product, Mollura & C. SPA will refund the Customer of the price at the time of the purchase.
In the event of breakage, stock depletion or unavailability of the ordered Product, Mollura & C. SPA will inform the Customer as soon as possible, stating a new deadline for Product availability.
The Customer will send an e-mail confirmation for his/her choice, that is to wait for the Product supply or to request a refund.
4. Order acceptance
The conclusion of the agreement will only take place at the moment of the order confirmation by Mollura & C. SPA.
The Customer will be notified of the acceptance by fax, standard mail or e-mail. The message will state the order confirmation with all the elements of the agreement (Products, prices, delivery dates, shipping costs, ...)
Mollura & C. SPA reserves the option not to confirm any order for whatever reason, especially if involving supply problems or the order itself.
5. Product delivery
Products are shipped to the address stated by the Customer.
Deliveries will take place as soon as the payment confirmation is received: bank transfers are attested by the credit on our current account, credit card payments are attested by the transaction confirmation by the circuit.
We deliver through qualified express couriers, such as DHL, FedEx, TNT or specialists in furniture delivery, to guarantee the quality of our service and Products integrity.
- Delivery Time
In-stock items’ standard shipping is made by express couriers within 2 working days to destinations in Italy, within 5 working days in Europe, within 6 working days for other destinations. In case of bulky order and/or fragile products, the shipping is made by specialised couriers and the delivery time depends on size and destination of the order. Delivery time is stated in weekdays.
For Products having different delivery times, the deadline applied is equal to the item with the longest delivery time. For delivery delays of less than 30 (thirty) days, the Customer is neither allowed to refuse the delivery, nor to ask for refunds or compensations.
Mollura & C. SPA reserves the right, if necessary, to segment the delivery of Products in different steps (even for items belonging to the same order).
Delivery is to be considered completed at the moment the Product is consigned to the Customer.
The delivery note issued by the courier and dated and signed by the Customer is proof of transport and delivery of the Product.
- Delivery on street level and Assembling
Deliveries are to be intended on street level: Products will not be delivered on the Customer's floor and we will not take any trade-in.
Unless otherwise specified or agreed in written form, Mollura & C. SPA does not offer any assembly service.
The majority of our Products is delivered in pre-assembled form: final assembly is usually very easy and generally consists of assembling determined pieces.
On delivery, the Customer must verify the content of the package, the conformity and state of the Product(s). Mollura & C. SPA recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that:
- number of parcels corresponds to that stated in the enclosed delivery note;
- package is intact, neither damaged nor wet or adulterated, and the content undamaged.
Should the Customer note any anomalies, delivery of the Products must be refused or detailed reserves must be put in writing and dated.
Once the Customer signs the delivery note with no "reserve", he/she will not be able to question the external conditions of the delivered Product. Issues about integrity, correspondence or completeness of the Products received must be notified within three 3 (three) from the delivery.
Mollura & C. SPA reserves the right to deliver the Products through a courier selected by the Customer.
Unless otherwise specified, all deliveries will take place on street level.
Special delivery terms and conditions must be previously agreed between the Customer and Mollura & C. SPA, and accepted in writing by Mollura & C. SPA.
- Duties and taxes
Please, remember that international deliveries outside the European union do not include customs & clearance fees, duties & taxes, and any other local taxes. Mohd is unable to offer guidance on such duties or taxes and recommend that you contact your local Customs Office. These duties are payable by the customer prior to their delivery or at the time of the delivery (the amount will be calculated once the goods arrive in customs), and will be at the customers expense.
Mohd does not manage the tax refund. You can either contact the customs directly or have the delivery done to the asked address.
6. Products pick up - Customer's absence
In case the Products could not be delivered to the address provided by the Customer during the order process, the courier will leave a note stating address and method for collecting the package. If the Customer does not collect the package within the deadline indicated by the courier, Products will have to be returned carriage paid to Mollura & C. SPA, that reserves the right to refund the Customer for the price of the Product, minus charges for shipping.
In the event of an error during the delivery, the Customer is in charge of returning the Product(s) to Mollura & C. SPA within 7 (seven) days from delivery, in the original and intact packaging, with its delivery note.
Once the Product is received in its correct form, Mollura & C. SPA will send at its own expenses the Product initially ordered.
7. Force majeure
The following cases are to be considered as force majeure, apart from those specified by law:
- total or partial strikes, internal or external to the Company, stop of means of transport or provisions for any reason, governative or legal restrictions, computer breakdowns, telecommunication halt included networks and the Internet.
Force majeure will cause the suspension of the order. If after 3 (three) months parties observe the persistance of the force majeure, the order will be automatically cancelled, unless otherwise agreed.
8. Products warranties - Technical assistance
Mollura & C. SPA only guarantees Products integrity until delivery time (further on, "Mollura & C. SPA Warranty").
8.1 Possible defects covered by the Mollura & C. SPA Warranty must be reported by the Customer not later than 10 (ten) days from the date of delivery. In case the Mollura & C. SPA Warranty can be applied, the Customer has the right to have his damaged Products replaced after returning them, excluding any right for a compensation for further damages. The necessary shipping costs to replace the items are covered by Mollura & C. SPA.
8.2 Taking for granted everything on point 8.1, Mollura & C. SPA does not offer any further warranty than that given by the single manufacturers of the Products here commercialized. The technical assistance and all the repairs of the Products covered by the warranty, when provided, are taken care of by the single manufacturers, according to the terms and the forms reported on the papers attached to Products themselves. In particular, Mollura & C. SPA neither offers any warranty on the compatibility of Products with other items or devices used by the Customer, nor offers any warranty on the Products suitability for any use conceived by the Customer.
8.3 Except for the supposition of fraud or of an important guilt of Mollura & C. SPA, it’s from now settled that, should be recognized the responsibility of Mollura & C. SPA towards any claim of the Customer - including the partial or full non-execution of the obligations assumed by Mohd On Line Store towards the Customer regarding the execution of an order – the responsibility of Mollura & C. SPA cannot be higher than the price of the Products purchased by the Customer and about which a contestation was raised.
9. Right to Cancel
9.1 According to the clause 5 of the Legislative Ordinance number 185 of the 22nd of May 1999, the Customer (if recognized as “Consumer” according to the clause 1, letter B, of the D. Lgs 22 maggio 1999 n. 185) has the right to withdraw from the contract and to send back the Products ordered, with no penalty and without specifying the reasons, not later than 14 (fourteen) days from the delivery time.
9.2 The Right to Cancel the contract of sale can be exercised by the Customer within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us unequivocally of his decision, for example:
by mail to Mollura & C. SPA - S.S. 114 Km 6,400 - 98128 Tremestieri Messina (ME), Italy
by fax at +39 090 6255948
by email at [email protected]
The attached model cancellation form can be used, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for the Customer to send his/her communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.3 Effects of cancellation
Should the customer cancel this contract, we will reimburse to the Customer all payments received, including the costs of delivery (except for the supplementary costs arising if the Customer has chosen a type of delivery other than the least expensive type ofstandard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the Customer.
We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from the Customer any goods supplied, or (b) (if earlier) 14 days after the day the Customer provides evidence that he/she has returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about the Customer's decision to cancel this contract.
We will make the reimbursement using the same means of payment as used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.
9.4 The Customer shall send back the goods or hand them over to us at the address:
Mollura & C. S.p.A. - Via Nino Martoglio, snc - 98040 Torregrotta (ME), Italy
without undue delay and in any event not later than 14 days from the day on which the Customer communicates the cancellation from this contract to us. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
The Customer will have to bear the direct cost of returning the goods.
9.5 The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The returned goods must be in resalable condition. Please note, in case of good returned in non-reselling conditions, the equivalent amount of the value reduction of the item may be retained.
9.6 The right to cancel stated in point 9.1 cannot be exercised by the Customer if the Products purchased have been made to the consumer's specifications, are clearly personalized or deteriorate or expire rapidly.
9.7 Mollura & C. SPA recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that number of parcels corresponds to that stated in the enclosed delivery note and that the package is intact, neither damaged nor wet or adulterated, and the content undamaged.
Payment is due at the moment of the order confirmation.
The Customer commits to pay the agreed price for the Product ordered on the Website (price of the Product plus Shipping costs), and to pay - when necessary and directly to the courier - VAT and any other tax related to the import of Products in the country of destination of the Product.
The Customers pays for the order:
- by credit card, as suggested on the Website.
The Customer guarantees to Mollura & C. SPA to have all authorizations necessary to use card payment while confirming the order.
- by bank transfer in favour of Mollura & C. SPA.
In the event of missing reception by Mollura & C. SPA of the bank transfer within the following 14 (fourteen) days from the order, Mollura & C. SPA reserves the right to cancel the order. Bank details of the Company will be provided at the order confirmation.
- by real time bank transfer with Sofort Banking
- by Paypal.
The Customer guarantees to Mollura & C. SPA to have all authorizations necessary to use PayPal while confirming the order.
11. Failure to pay - Conditional sale
Products ordered are property of Mollura & C. SPA until the definitive and complete payment of their price (Art. 1523 and following of the Civil Code). Mollura & C. SPA reserves the right to demand the Products ordered in case of failure to pay.
In this event and by request of Mollura & C. SPA , the Customer commits to return any non-paid item, at his/her own expenses.
Complaints for non-compliance of delivered Product(s) with the order must be sent in writing to Mollura & C. SPA, immediately after receiving the goods. E-mail: [email protected]
The Customer must keep the original packaging and the delivery note.
13. Personal information
Personal information requested from and related to the Customer is essential to process and ship the order, to issue invoices and to draft warranty agreements, as the case may be. For this purpose, Mollura & C. SPA may provide suppliers with this information personal.
The Customer may object to this disclosure (pursuant to art. 7 of D.lgs. n. 196/2003) and has the right to access, modify, amend and delete all data related to him/her, by writing to Mollura & C. SPA, S.S. 114 Km 6,400 98128 Tremestieri (ME), Italy.
For further information, please refer to Decreto Legislativo 30 giugno 2003, n. 196 - Codice in materia di protezione dei dati personali: Garante per la protezione dei dati personali.
In order to avoid any attempt of fraud, Mollura & C. SPA may ask proof of the Customer's identity and domicile.
14. Electronic signature
The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
15. Non renunciation
Any one or more failure by Mollura & C. SPA to enforce any provision of this agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
16. Agreement integrality
These General Conditions of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Conditions.
17. Intellectual property
Mollura & C. SPA owns the intellectual property right upon the Website and the right to display the elements of the e-shop catalog. Consequently, total or partial reproduction of the elements contained in the Website or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are formally prohibited.
Should one or several clauses of these General Conditions be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
19. Competent court
This agreement is governed by Italian law.
In the event of a dispute and where no amicable settlements were reached between the parties, where applicable mandatory dispositions of law related to consumer protection (as in art. 1, letter B of D.Lgs 22 maggio 1999 n. 185), any controversy linked to these General Conditions will be of exclusive competence of the Court of Messina (Tribunale di Messina, Italy).
Pursuant to and by effect of clauses no. 1341 and 1342 of the Civil Code, the Customer declares to have accurately read, understood and accepted specifically the following clauses of these General Conditions of Sale of Mollura & C. SPA : 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.