Right of withdrawal
The user who plays the role of consumer has the right to withdraw from the contract for the purchase of the Product, without having to provide any reason and without having to incur different costswithin thirty calendar days (“Withdrawal Period"). The Withdrawal Period expires after 30 days:
- in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
- in the case of Multiple Orders with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
- in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
To exercise the right of withdrawal, the user must inform MOOD, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, the user can:
a) use the online withdrawal form, in the "return requests" section of your account, which must be completed and sent through the procedure made available to the user once you have logged into your account.
b) submit any other explicit declaration of your decision to withdraw from the contract (“Declaration of Withdrawal”) sent by email to email@example.com
The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the Withdrawal Period. In the event that the user makes use of the Withdrawal Declaration, the consumer is invited to indicate in the Withdrawal Declaration the order number, the Product/s for which he/she intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user's interest to use a durable medium when communicating their withdrawal to MOOD.
Except in the case in which the Product subject to withdrawal must be collected from an address located outside the borders of Italy, the user must return the Products to MOOD following the procedure indicated in the following paragraph, as well as in the standard instructions on withdrawal, which also contain information on exercising the right of withdrawal, and are made available to the user on the Shop.
The user must return the Product, suitably protected and packaged.
In any case, for the purposes of expiry of the return term indicated above, the Product is considered returned when it is delivered, within the aforementioned term, to the accepting post office/courier chosen by the user, or to the courier indicated by MOOD.
If the user withdraws from the contract, MOOD will refund the Total Sum Due paid by the user for the Product, including any delivery costs incurred, without undue delay and in any case no later than 30calendar days from the day on which MOOD was informed of the user's decision to withdraw from the contract. The refund amount will be communicated via e-mail; the refund will be made using the same means of payment used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not incur any costs as a result of such reimbursement. In the case of partial withdrawal from Multiple Orders, the quantification of the delivery costs to be returned to the user as a result of exercising the right of withdrawal will be carried out as specified in the chapter "Product delivery".
You are solely responsible for any diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories and leaflets, with the identification tags, seal tag and labels, where present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature and characteristics of the product, the refund will not be possible.
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. MOOD will notify the user within 5 working days of receiving the Product, rejecting the request for withdrawal. The Product will remain at MOOD at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.
All products sold on the Shop are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree n. 206/2005 ("Consumer Code") ("Legal Guarantee").
TO WHOM IT APPLIES
The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Shop for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
WHEN IT APPLIES
The seller (and, therefore, as regards purchases made on the Shop, MOOD) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the products 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. Starting from the seventh month following the delivery of the product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to request and keep the purchase invoice, as well as the DDT or any other document that can attest to the date the purchase was made (for example the account statement of the credit card or bank statement) and the delivery date.
WHAT IS THE DEFECT OF CONFORMITY
There is a lack of conformity when the purchased good:
1. it is not suitable for the use for which goods of the same type are normally used;
2. does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
3. does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling;
4. it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted.
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 therefore excluded from the scope of the Legal Guarantee.
REMEDIES AVAILABLE TO YOU
In the event of a lack of conformity duly reported within the terms, the user has the right:
1. primarily, to the free repair or replacement of the goods, at its choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
2. secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to price reduction or termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be tried, taking into account 1) the value that the goods would have if there were no lack of conformity; 2) the extent of the lack of conformity; 3) of the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
- Manufacturer's Conventional Warranty
The products sold on the Shop may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("Conventional Guarantee"). The user can only assert this guarantee against the manufacturer. The duration, the extension, also territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
The Conventional Guarantee is voluntary in nature and does not add to, replace, limit or prejudice or exclude the Legal Guarantee.
- Applicable law
The purchase contract concluded on the Shop is governed by Italian law.
Without prejudice to the application to users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Court of Novara is competent.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
- Customer Service and Complaints
It is possible to request information, send communications, request assistance or file complaints by contacting MOOD's Customer Service in the following ways:
From Monday to Saturday from 9.00 to 12.00 and from 15.00 to 19.00 at the number +39 335 7999074
- by e-mail, at the address firstname.lastname@example.org;
- by completing and sending the contact request form, available in the "Contact Us" section of the Shop.
Customer service will respond to complaints presented within five working days of receipt of the same, by e-mail.