Terms and conditions
MORE & MORE by Oriano Passera, with headquarters in Caminadella 2 – 20123, Milan – Italy, deals with the offer and sale via e-commerce of the products present on the site www.moremilano.it
ARTICLE 1: CONCLUSION OF SALES CONTRACTS
The confirmation and sending of the order by the customer (the “Customer” means the user of the MORE & MORE di Oriano Passera website who accesses the e-commerce checkout), according to the instructions that will appear from time to time on the web pages, entails the viewing and full acceptance of these general conditions of sale by the Customer. The sales contract between MORE & MORE di Oriano Passera and the Customer is considered perfected with the acceptance of the order by MORE & MORE di Oriano Passera. If the Customer is a consumer (a natural person who purchases the goods for purposes not related to his/her professional activity), once the online purchase procedure has been concluded, he/she will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of Articles 3 and 4 of Legislative Decree 185/99 on distance selling. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for the non-acceptance, even partial, of an order.
ARTICLE 2: PURCHASE METHODS
The Customer may only purchase the products present in the online catalogue at the time of placing the order and viewable online at moremilano.it as described in the relevant information sheets. The order will be validly processed upon receipt in the email address communicated by the Customer of the confirmation of the authorization to debit the Price and the costs for transport and delivery on the Customer's credit card, as better provided in the following art. 5. The image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics shown in the figure. Correct receipt of the order is confirmed by MORE & MORE di Oriano Passera by means of an email response, sent to the email address communicated by the Customer. This confirmation message will report the Date and Time of receipt of the order and a Customer order number to be used in any further communication with MORE & MORE di Oriano Passera. The message reiterates all the data entered by the Customer, all information relating to the essential characteristics of the goods, the indication of the price, payment methods, delivery methods and costs and applicable taxes. The Customer must verify its correctness and promptly communicate any corrections, according to the methods described in this document. In the event of non-acceptance of the order, MORE & MORE di Oriano Passera guarantees timely communication to the Customer.
ARTICLE 3: PRICES
The products will be sold at the prices indicated in the online product sheet at the time of order confirmation by the Customer. The delivery costs are the responsibility of the Customer and will appear on the web page before making the purchase. Before the customer confirms the order by clicking on the appropriate button, the web page will display a summary of the prices of the products loaded into the cart, taxes, and delivery costs. This data will then be automatically reproduced in the order form that the customer sends to MORE & MORE di Oriano Passera following the order confirmation procedures.
ARTICLE 4: ACCOUNTING DOCUMENTATION AND DELIVERY METHODS
For each order accepted and placed, MORE & MORE di Oriano Passera issues a receipt for the material shipped, sending it via email to the person placing the order, pursuant to art. 14 DPR 445/2000. The information provided by the Customer at the time of ordering will be used to issue the receipt. No changes to the tax document will be possible after it has been issued. MORE & MORE di Oriano Passera will also issue a receipt that will be sent together with the purchased goods. MORE & MORE di Oriano Passera cannot be held liable for any delays in processing the order or in delivering the order.
ARTICLE 5: PAYMENT METHODS
The Customer may only pay by Credit Card. At the same time as the Customer places the order, the relevant banking institution will authorize the commitment of the amount relating to the order placed on the Customer's credit card. The amount relating to the goods shipped, even partially, will actually be charged to the Customer's credit card only upon communication to MORE & MORE di Oriano Passera by the courier of the physical shipment of the ordered goods. In the event that the Customer exercises the right of withdrawal, in the manner defined in the following Article 6, MORE & MORE di Oriano Passera will refund the amount previously charged by bank transfer to the bank account indicated by the Customer, excluding shipping costs already incurred. At no time during the purchase procedure is MORE & MORE di Oriano Passera able to know the information relating to the Customer's credit card, transmitted via a protected connection directly to the site of the banking institution that manages the transaction and no computer archive of MORE & MORE di Oriano Passera will store such data.
ARTICLE 6: RIGHT OF WITHDRAWAL
6.1 Pursuant to art. 5 DL 185/1999, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity), he/she has the right to withdraw from the purchase contract before the goods are shipped. If the goods have already been shipped, the Customer has the right to withdraw with the obligation to provide explanations and without any penalty, except as indicated in the following point 6.3. 6.2 To exercise this right, the Customer must send MORE & MORE di Oriano Passera a written communication to this effect, within 10 working days from the date of receipt of the goods. This communication must be sent by email to info@moreandmoremilano.com, indicating the order number. Once the aforementioned withdrawal notice has been received, MORE & MORE di Oriano Passera Customer Service will authorize via email and will communicate to the Customer the instructions on how to return the goods, which must reach MORE & MORE di Oriano Passera within 10 days of authorization. 6.3 The right of withdrawal is in any case subject to the following conditions: – the right applies to the product purchased in its entirety; – the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation, etc.); – in all cases, the affixing of labels or adhesive tape directly on the original packaging of the product must be avoided; – shipping costs relating to the return of the goods are the responsibility of the Customer; – the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer. In the event of damage to the goods during transport, MORE & MORE di Oriano Passera will notify the Customer of the incident (within the 5th working day of receipt of the goods in its warehouses), to allow the Customer to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this event, the product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal; MORE & MORE di Oriano Passera is not liable in any way for damage or theft/loss of goods returned with uninsured shipments; upon arrival (in the warehouse), the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original wrapping are damaged, MORE & MORE di Oriano Passera will withhold a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs. 6.4 Without prejudice to any repair costs for damage found to the original packaging, MORE & MORE di Oriano Passera will refund the Customer the entire amount already paid, excluding shipping costs, within 14 days of the return of the goods. The refund operation will be carried out by MORE & MORE di Oriano Passera by re-crediting the amount due, which will be paid to the credit card. 6.5 The right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where MORE & MORE di Oriano Passera ascertains: – the lack of the external packaging and/or the original internal packaging; – the absence of integral elements of the product (accessories, parts, …); – damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, MORE & MORE di Oriano Passera will not return the purchased goods to the sender.
ARTICLE 7: COMPLAINTS
The Customer will contact MORE & MORE di Oriano Passera Customer Service for any complaints. MORE & MORE di Oriano Passera will only provide a refund for the purchase as the replacement of the goods is not foreseen in any case. To replace an item the Customer must issue a new order, after having requested a refund.
ARTICLE 8: PRIVACY
We hereby inform you that, pursuant to and for the purposes of art. 13 of Legislative Decree 30.06.2003 n. 196, the personal data that will be provided by the Customer to MORE & MORE di Oriano Passera are processed by the same, also with automated methods, for inclusion in the customer archive and are necessary for the possible conclusion of a contractual relationship and for subsequent civil, fiscal, management obligations. The data may also be used for statistical extrapolations and commercial and promotional communications, without prejudice to the right of the Customer to communicate at any time the desire to no longer wish to receive such communications. The provision of data is optional but in the absence of this, however, it will be impossible to stipulate a sales contract and therefore to accept the order. The Customer's data may be communicated, for the same purposes of collection, to group companies, commercial partners, as well as to subjects to whom outsourced services are entrusted. The data controller is MORE & MORE di Oriano Passera. We inform you that, in relation to the provisions of art. 7 of the aforementioned Legislative Decree, the Customer will have, among other rights, the right to obtain: – confirmation of the existence of personal data concerning them; – the cancellation, transformation into anonymous form or blocking of data possibly processed in violation of the law; – the updating, rectification or integration of data. The Customer may exercise the rights under art. 7 by writing to: info@moreandmoremilano.com
ARTICLE 9: APPLICABLE LAW AND JURISDICTION
This contract is governed by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this Contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his Municipality of residence; in all other cases the territorial jurisdiction is exclusively that of the Court of Milan.
GENERAL CONDITIONS OF USE OF E-COMMERCE CHECK OUT
These general conditions regulate access to the MORE & MORE e-commerce checkout by Oriano Passera (hereinafter the “Site“) and the use of the services and contents therein (such as, by way of example: images, software, texts, brands and logos, color combinations, structures and designs). Any person who accesses and/or uses the Site assumes the status of “User” and accepts, from the moment of their first access and/or use, these conditions, which apply independently of the General Conditions of Sale that regulate the possible purchase of products in the online catalogue of the website. Failure to accept these Conditions does not allow further access or use of the contents and services of the Website.
ARTICLE 1: THE PORTAL
Access to the website www.moremilano.it is free and open to all. The website moremilano.it is managed by MORE & MORE di Oriano Passera. The User declares to accept the website “as is”. MORE & MORE di Oriano Passera is not responsible for any damages, direct or indirect, that may arise from the use of the website. Without any prior notice, the Portal and its contents may be modified or replaced. Any information and/or request can be forwarded to: info@moreandmoremilano.com
ARTICLE 2: PROTECTION OF ONLINE PRIVACY
All data transmitted by the User, through access or use of the website will be treated in accordance with the rules of "Online Privacy Protection", viewable on the Privacy Policy page which are expressly recalled and accepted by the User here.
ARTICLE 3: USER OBLIGATIONS
The user agrees not to transmit, disclose, send, communicate or store information and other materials: – protected by copyright or that reveal trade secrets; – obscene, defamatory, threatening, harassing, offensive, libelous, sexually explicit; – unsolicited messages or messages that constitute advertising or solicitation to purchase, surveys, chain letters; – containing viruses, Trojan horses, worms, time bombs and other elements intended to damage, intercept or improperly use data, information, physical and logical structures of MORE & MORE di Oriano Passera, its affiliates or third parties. The user also agrees not to: – register as a Customer with maliciously false or incomplete information; – allow third parties to use their user name or password, once registered; – delete or modify materials or other information of different users or of MORE & MORE di Oriano Passera; – collect or otherwise obtain information about third parties, including email addresses, without the express consent of the owner; – access protected or unauthorized site data and violate the site's security system or measures; – act in such a way as to unreasonably or disproportionately overload the site's physical and logical systems, including through "flooding", "spamming", "mailbombing" or "crashing" actions; – use devices, software programs or other for the purpose of compromising or attempting to compromise the regular functioning of the site; as well as attempting to decipher, decompile, disassemble or decode the software that composes or constitutes part of the site; – use or attempt to use engines, software programs, tools, agents or other mechanisms (such as: spiders, robots, ...) that allow you to navigate or perform searches within the site without using the search engines or agents of the same. Any illicit conduct or conduct that does not comply with the provisions herein will be prosecuted according to the law by the competent authorities.
ARTICLE 4: COPYRIGHT AND INDUSTRIAL DIRECTIVES
All copyrights relating to the contents of the website (such as, by way of example, text, graphics, photographs, images, user interface) as well as the selection, coordination and organization of the same are the property of MORE & MORE di Oriano Passera, its affiliates or any third party licensees. No declaration contained in the site confers a license or industrial rights on the copyright of MORE & MORE di Oriano Passera or third parties. The contents of the website are intended for Users and Customers of the site only; unauthorized commercial use of the contents is prohibited. The User may freely view the contents of the site, print them, copy them and save them on the hard disk of his/her computer or on another physical medium, under his/her own responsibility and exclusively for personal and private use, in compliance with the legislation in force regarding the protection of copyright. All rights regarding trademarks, product names, trade names, logos, packaging and design of all products or services of MORE & MORE di Oriano Passera, its affiliates or third parties, whether in extended form or with the trademark symbol, belong exclusively to the legitimate owners, in compliance with international agreements and applicable laws. All uses that may violate such rights are expressly prohibited.
ARTICLE 5: HYPERLINKS (LINKS)
The site may contain hyperlinks (links) to other websites. MORE & MORE di Oriano Passera assumes no responsibility for any content or services offered by third parties, nor does it guarantee the technical availability, reliability, legality of any material and information contained in the linked websites. Likewise, the possible insertion of a link does not imply any type of association, merger or participation of MORE & MORE di Oriano Passera with the owners and contents of the linked websites.
ARTICLE 6: DURATION AND MODIFICATION OF THESE CONDITIONS
MORE & MORE by Oriano Passera reserves the right to modify, without prior notice, these General Conditions of Access and Use. Any changes will take effect immediately from the first publication on the site and until any new changes.
ARTICLE 7: APPLICABLE LEGISLATION
The relationship between MORE & MORE di Oriano Passera and the User is governed by Italian law.