Terms and Conditions of Sale - Refund and return policy

TERMS CONDITIONS OF SALE – RIGHT OF WITHDRAWAL

These Terms and Conditions govern:

the use of this Website www.modessori.it and
any other Agreement or legal relationship with the Owner
in a binding manner.

The User is asked to read this document carefully.

The person responsible for this Website is:

M & D Fashion and accessories

Owner’s email address: info@modacessori.it
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The telephone number is: 0183 290515

The use of the Service/this Website is reserved for Consumers only.

The right of withdrawal applies only to European Consumers.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Website the User declares to satisfy the following requirements:

The User acts as a Consumer;

Registration
To use the Service the User can open an account by indicating all the data and information requested in a complete and truthful manner.
It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the Users to store their access credentials securely and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, illicitly disclosed or stolen.

Registration requirements

Registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that they satisfy these conditions.

The opening of accounts via bots or other automated means is not permitted.

Account Closure
Users may close their account and cease use of the Service under the conditions and according to the procedures specified in the respective section of this Website.

Suspension and cancellation of account
The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.< /p>

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Contents on this Website
Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without any prejudice to legally exercisable rights and claims, Users are asked to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Website

The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, sellingre, grant sublicenses, transform, transfer/alien to third parties or create derivative works from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.< /p>

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website solely for personal and non-commercial purposes and provided that attribution of authorship is observed ‘work as well as the indication of any other relevant circumstances requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and pursuant to applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Owner reserves the right to adopt any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out via this Website or the Service to the competent authorities – p. e.g. the judicial or administrative authority – whenever the User carries out or is suspected of carrying out:

violations of laws, regulations and/or the Terms;
injuries to the rights of third parties;
acts that may significantly prejudice the legitimate interests of the Owner;
offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid Products
The Products offered on this Website are paid.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description
Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchasing procedure
Each phase, from choosing the product to placing the order, is part of the purchasing procedure.

The purchase procedure includes the following steps:

Users are asked to choose the desired Product and verify their purchase choice.
After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the order
Sending the order involves the following:

Sending the order by the user determines the conclusion of the contract and gives rise to the User’s obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page .
In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the responsibility of the User obligation to cooperate accordingly.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the address email address provided by the User for this purpose.

Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

include all applicable fees, taxes and costs.

Promotions and discounts
The Owner couldand offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Owner’s headquarters, as indicated in the contact details in this document.

Coupons
Promotions and discounts can be offered in the form of Coupons.

In case of violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take action in the appropriate courts, including judicial ones, in order to protect his rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Vouchers:

Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase – redemption is not permitted partial use;
Unless otherwise specified, single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;
Vouchers cannot be combined;
/>The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights remains excluded, including the reimbursement of the value of the Voucher;
The User has no right to any credit/refund/compensation in the event there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.
Means of payment
The details relating to the accepted means of payment are highlighted throughout the purchasing procedure.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information is reported in the relevant section of this Website.

All payments are managed independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from failed or rejected payments are the responsibility of the User.

Retention of title
Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Unless otherwise specified on this Website or agreed with the User, the Products are delivered within thirty (30) days of purchase.

Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specifiedicated, any delivery attempt starting from the second will be at the expense of the User.

User Rights

Right of withdrawal
Unless an exception occurs, the User may have the right to withdraw from the contract within the period specified below (usually 14 calendar days from delivery of the goods) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal
Where one of the exceptions listed below does not apply, Users who act as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal
To exercise the right of withdrawal l The User must send the Owner an unequivocal communication of his intention to withdraw from the contract. To this end, the User can use the withdrawal form on this page.
In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal deadline expires.

When does the withdrawal deadline expire?

In the case of the purchase of goods, the withdrawal deadline expires 14 calendar days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods.

In case of purchase of multiple goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third – appointed by the latter and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund takes place without undue delay and in any case within 14 calendar days from the day on which the Owner was informed of the User’s decision to withdraw from the contract as well as from the receipt of the product by the Owner. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction.

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 calendar days from the day on which has communicated its intention to withdraw from the contract.
Payment of shipping costs for returning the goods is the responsibility of the User

The deadline is met if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14 day period described above. The refund may be withheld until the goods are received.

The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

If labels and warranty seals on the goods are removed, damaged or tampered with, it will no longer be possible to return them.

Return Form

The return shipping costs are the responsibility of the User.

Limitation of liability and indemnity
Indemnification
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claims – including, without limitation, legal fees and expenses – made by third parties due to or in connection with negligent conduct such as the use or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners and employees, to the extent lawful.

Limitation of liability for the User’s activities on this Website
Except where otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damageeight, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the Owner’s liability for death, damage to the person or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damage caused with intent or gross negligence, provided that the use of this Website by the User has been suitable and correct.

Unless the damages were caused with intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits set out above, the Owner assumes no responsibility regarding:

any lost earnings or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
damages or losses resulting from interruptions or malfunctions of this Website due to causes of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or interruptions of telephone or electricity lines, the Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or applications of third parties;
any losses that are not a direct consequence of a violation of the Terms by the Owner;
Common provisions
No implicit waiver
The failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver thereof. No waiver can be considered definitive in relation to a specific right or any other right.

Interruption of the Service
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reseller program.

Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held in exclusive by the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.

All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.

Modifications of the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will provide appropriate notice of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms could result in either party being entitled to withdraw from the Agreement.

The applicable previous version continues to govern the relationship until accepted by the User. This version can be requestedto the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will come into force.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to modifications of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts
All communications relating to the use of this Website must be sent to the contact details indicated in this document.

Security clause
If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective .

European Users
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
/>In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the entire Agreement being void, unless the void, invalid or unenforceable provisions under the Agreement are essential or of such importance , that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document without regard to conflict of law rules.

Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level prevails of protection.

Jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are asked to contact the Owner at the contact details indicated in this document.

The User can address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of receipt.

Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution which favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.