GENERAL CONDITIONS OF ONLINE SALE
The products marketed on the Shop are offered and sold by MOOD di Mondinelli Elda with registered office in via Valtrompia, 22 - Gardone Val Trompia (BS), operational headquarters in via Matteotti n. 205 H/K, 25063 Gardone Val Trompia (BS), registered in the Brescia Company Register, no. REA BS261194, VAT number 00287820989, tel. + 39 030 832353 email address email@example.com
These conditions are valid only between the aforementioned company, hereinafter also referred to as the Company - and any person who makes online purchases on the website www.mood.fashion, hereinafter also referred to as the Purchaser. These General Conditions of Sale apply to all sales made by the aforementioned company on the Shop. The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Shop, in the "General Conditions of Sale" section. Users are therefore invited to access the Shop regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale
These conditions govern purchases made online in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code, Legislative Decree 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.
This contract, available on the website, must be carefully examined by the purchaser before completing the procedure for purchasing the products via the website itself.
The buyer declares to have full capacity to act and stipulate the contract for the purchase of the products on the website based on this online sales contract. The Company cannot under any circumstances be required to verify the ability of visitors and buyers of the Company's website to act. In the event that a person, not having the necessary capacity to act (for example a minor) places an order on the Company's website, without prejudice to the responsibility of their parents or legal guardians for this order and the related payment, the Company may refuse to accept the order.
The Shop allows each user to browse and, after registering, to make purchases on the Shop itself.
These General Conditions of Sale do not regulate the sale of products and/or the supply of services by subjects other than MOOD di Mondinelli who are present on the Shop through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Company is not responsible for the provision of services and/or for the sale of products by these subjects and does not carry out any checks and/or monitoring on the websites that can be consulted through these links. The Company is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
These General Conditions of Sale are applicable in Italy, and in the other countries belonging to the European Community indicated on the site.
Purchases on the Shop
The purchase of the Products on the Shop is permitted only to subjects who have reached the age of 18, who cover the quality of consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to the entrepreneurial activity , commercial, professional or craft possibly carried out.
Finally, the Company reserves the right to refuse or cancel orders that come from:
- a user with whom it has an ongoing legal dispute
- a user who has previously violated the conditions and/or terms of the purchase contract,
- a user who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card
- users who have released false, incomplete or inaccurate identification data.
The purchase of the Products on the Shop can only take place after registering on the Shop. Registration in the Shop is free and determines acceptance of the General Conditions of Sale in force from time to time. To register with the Shop, the user must fill out the appropriate form, entering his name, surname, an e-mail address and a password and clicking on "Create Account". Successful registration in the Shop will be confirmed to the user via a specific e-mail.
Registering with the Shop, by opening a personal account, allows the user to:
- save your addresses,
- build and save your own "cart",
- access all information relating to orders and returns,
- follow the order status,
- manage your personal data and update them at any time.
The registration credentials (email address and password) allow the user to make purchases on the Shop. Therefore, they must be stored with extreme care and attention, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no third party has access to them. He also undertakes to immediately inform the Company, by e-mail, at the address firstname.lastname@example.org in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.
The user guarantees that the personal information provided during the Shop registration procedure and/or during the purchase procedure are complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the rules on registering with the Shop or on the retention of registration credentials.
Information directed to the conclusion of the contract
In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs the user that:
- to conclude the purchase contract for one or more Products on the Shop, the user must fill in an order form in electronic format and send it electronically, following the instructions that will appear from time to time on the Shop,
- the contract is concluded when the order form reaches the Company's server,
- before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions on the Shop,
- once the order form has been registered and confirmation of the validity of the means of payment used has been received, the Company will send the user the order confirmation to the indicated e-mail address containing: a summary of the General Conditions of Sale, as well as the particular conditions applicable to the contract, information relating to the essential characteristics of the Product purchased, detailed indication of the price, the means of payment used, delivery costs,
- the order form will be filed in the database for the time necessary to execute it and, in any case, within the terms of the law,
- The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in Italian and English.
Availability of Products
The Products offered on the Shop are the clothing items and accessories present in the electronic catalog published on the Shop at the time the user places the order.
The availability of the Products is continuously monitored and updated. However, since the Shop can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be available for a short period of time, while it is instead out of stock or not immediately available, as it is necessary to wait for the restocking.
If the Product is unavailable for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the other rights attributed to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the Company will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the 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.
In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, of the Consumer Code, and the payment of the total amount due - consisting of the price of the Product, the delivery costs, if applied and any other additional cost, as resulting from the order - is already occurred, the refund of the Total Amount Due will be made without undue delay and, in any case, within 30 working days from the sending of the order. The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase. Any credit delays may depend on the payment solution used or the payment service provider. In the case of a Multiple Order, if the unavailability concerns only some of the Products covered by the Multiple Order (without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding points, if the unavailability concerns all the Products covered by the order) the user will be immediately notified by e-mail that the missing product will not be shipped and that the refund will be made of the price of the same.
In the event that the user makes use of the right of termination pursuant to art. 61, co. IV and V, Consumer Code, the purchase contract for the Product(s) covered by the Multiple Order which has become unavailable will be partially terminated, limited to that Product(s), with consequent return, if it has already been paid, the amount due in relation to such Products and any other additional cost due in specific relation to such Products. The calculation of any delivery costs to be returned in this case will take place in accordance with the provisions of the points of this contract which regulate the delivery of the products. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Product(s) covered by the Multiple Order which has become unavailable with respect to the other available Products covered by the Multiple Order. The Partial Amount Due to the user in relation to the Product(s) which has become unavailable, will be refunded without undue delay and, in any case, within 30 working days from the sending of the order. The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase. Any credit delays may depend on the payment solution used or the payment service provider
Each Product is accompanied by an information sheet which illustrates its main characteristics. The images and descriptions on the Shop reproduce the characteristics of the Products as faithfully 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 Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
All the prices of the Products published on the Shop are expressed in Euros and are inclusive of Value Added Tax - VAT. It reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to the user will be that indicated on the Shop at the time the order is placed and that any changes will not be taken into account ( increasing or decreasing) following the transmission of the same. In any case, users are hereby informed that, due to various factors, including the commercial policy of the manufacturer and/or owner of the brand, the price of the Products offered for sale in the section of the Shop relating to Italy may be different from that indicated, for the same Product, in the section of the Shop relating to one of the European countries.
In the event that a Product is offered on the Shop at a discounted price, the full reference price with respect to which the discount is calculated will be indicated on the Product Page. The full reference price of the Product corresponds to its actual market price.
The Products will remain the property of MOOD until the user has paid the Total Amount Due. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 of the Civil Code. The user will be notified by e-mail of the termination of the contract and the consequent cancellation of the order.
MOOD will ship the Products only after receiving confirmation of successful payment of the Total Amount Due by the user. The risk of loss or damage to the Products for reasons not attributable to MOOD, on the other hand, will be transferred to the user, when the latter, or a third party designated by him and other than the carrier, physically takes possession of the Products.
Terms of payment
Payment for the Products purchased on the Shop can be made using the payment solution:
- credit card or debit card through the PayPal portal.
- PayPal, including the method of payment through a PayPal account and the method of payment without a PayPal account, using one of the credit cards accepted by PayPal. During the purchase procedure, after having selected the chosen payment method and entered the data required by the system, the user will be redirected to the website www.paypal.com where he will pay for the Products according to the procedure established and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with MOOD. The Company is therefore not able to know and does not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected with this account.
- Cash on delivery: allows you to pay for the purchased good upon its arrival at its destination, by handing the sum to the courier (cash payment or cashier's check). This payment method is not available for all destinations and/or products.
- Bank or postal transfer. The data will be communicated at the end of the order.
The Total Amount Due will be charged to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user ("Refund Amount") will be credited to the payment instrument used for the purchase. In the case of cash on delivery, a bank transfer will be made to the coordinates indicated by the buyer. The credit times on the payment instrument depend exclusively on the payment instrument used. Once the credit order has been placed, MOOD cannot be held responsible for any delays or omissions in crediting the user with the Refund Amount, to contest which the user must contact the institution used directly.
Delivery of Products
The delivery of the Products purchased on the Shop is made to the shipping address indicated by the user in the order form. Delivery cannot be made to post office boxes or post office boxes. The ordered goods can be processed within normal management times which can be extended within acceptable times if the product is temporarily unavailable, and in any case no later than 30 (thirty) days from the day following the day on which the purchaser sent the order, unless otherwise agreed between the parties. No shipment will be made outside the countries indicated in the order form. At the time of shipment, i.e. when the Products are delivered to the carrier, the user will be sent an e-mail confirming shipment. Deliveries will be made from Monday to Friday during normal office hours, excluding national holidays. Delivery terms are calculated considering working days only and therefore excluding Saturdays, Sundays and public holidays.
The Company will not be responsible for damages and will not be able to undertake replacement or repair if not reported upon acceptance of the shipment, adding the wording "damaged goods" to the courier's bulletin (the one that will remain in the delivery man's possession). "I accept subject to inspection" "Integrated parcel I accept subject" or similar which highlight damage or presumed damage. The dispute must immediately be reported to the delivery man and communicated to our e-mail address email@example.com and to the headquarters of the competent courier. The application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.
Shipping costs, where applicable, and any other additional costs are charged to the user, unless otherwise indicated on the Product Page or elsewhere on the Shop. The amount of these expenses is expressly and separately indicated (in Euros and inclusive of VAT) on the Product Page, during the purchase process, in the order summary and, in any case, before the user proceeds with the transmission of the same , as well as in the order confirmation email.
In the event of withdrawal from a Multiple Order, MOOD will reimburse the cost of any shipping costs incurred only if the user intends to withdraw from the entire Multiple Order, in which case, the cost will be reimbursed in full. Otherwise, the refund will not take place, in consideration of the fact that the delivery costs incurred by the user (which MOOD always calculates as a fixed amount, regardless of the number of Products ordered) are attributable to the delivery of other Products, other than those for which the user has exercised the withdrawal, forming part of the Multiple Order.
The user acknowledges that the withdrawal of the Product is his precise obligation deriving from the purchase contract. In the event of non-delivery due to the recipient's absence at the address specified in the order form, the courier will leave a transit notice at the recipient's address containing the number to call to arrange a second access for delivery, which in any case must take place within 5 working days following the one in which the first delivery attempt was made. If it was not possible to make the second attempt, for reasons not attributable to the courier, or if it still failed, the package will go "in storage". The Customer Service will then send an e-mail to the user in order to release the stock and ensure that the package is delivered as soon as possible. If necessary, Customer Service may agree with the user to change the shipping address. If the Customer Service contact attempt goes unsuccessful or if the user fails to collect the package within the time limits, or if it is still not possible to deliver the package to the user according to the above provisions, for reasons not attributable to MOOD and /or the courier used by it, the Product will be returned to MOOD. In any case, after 30 working days from the first delivery attempt, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 of the Italian Civil Code. MOOD will then proceed, within 30 working days following the termination of the contract, to refund the amount paid by the user minus the shipping costs, where incurred. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund will be credited to the same means of payment used by the user for the purchase. Any credit delays may depend on the payment solution used or the payment service provider. In the event that, before the thirty-day period has elapsed, the user requests to receive the Product again, MOOD will proceed with the new delivery, subject to a new charge of the relative delivery costs.
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 costs within 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 firstname.lastname@example.org
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 30 calendar days from the day on which MOOD has been informed of your decision to withdraw from the contract. The refund amount will be communicated via e-mail, the refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise, in any case, the user will not shall 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 "Product delivery" chapter.
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.
10. Legal Guarantee of Conformity
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 expensive 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 was no lack of conformity, 2) the entity 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.
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 email@example.com,
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.
Any disputes can be managed and resolved via the European Online Dispute Resolution Platform. For information visit this link:https://ec.europa.eu/consumers/odr/main/?event=main.trader.register
INFORMATION ON THE PROCESSING OF PERSONAL DATA PURSUANT TO ART. 13 Legislative Decree. 30 JUNE 2003 N. 196 ("PRIVACY CODE")
The site "ragno.eu" ("Shop") is owned and managed by MOOD di Mondinelli Elda with registered office in via Valtrompia, 22 - Gardone Val Trompia (BS), operational headquarters in via Matteotti n. 205 H/K, 25063 Gardone Val Trompia (BS), registered in the Brescia Company Register, REA No. BS261194, VAT number 00287820989, tel. + 39 030 832353 e-mail address firstname.lastname@example.org. Hereinafter referred to as MOOD.
In order to allow your registration to the Shop, as well as access to the services provided through the Shop, including the e-commerce service, and the exact execution of the same, MOOD, which operates as Data Controller, will process the personal data concerning you, pursuant to the provisions of Legislative Decree 30 June 2003, n. 196 ("Privacy Code").
This disclosure is intended for all subjects who interact with the web pages of the Shop, and, in particular:
1. to those who use the Shop without registering,
2. to those who register with the Shop and use the services offered online through the Shop, including the e-commerce service.
This information is provided pursuant to art. 13 of the Privacy Code, as well as in compliance with the Recommendation n. 2/2001 that the European Authorities for the Protection of Personal Data, gathered in the Group established by art. 29 of Directive no. 95/46/EC, adopted on 17 May 2001 to identify certain minimum requirements for the collection of personal data online.
It is possible to access the Shop without being asked to provide any personal data. However, the computer systems and software used to operate the Shop acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified interested parties, but also by their very nature could, through processing or association, allow the user to be identified. This category includes the IP addresses or domain names of the computers used by users who connect to the Shop, the URL notation addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, etc. These data are used to obtain anonymous statistical information on the use of the Shop (such as, in particular, the number of accesses) and to check its correct functioning and are canceled immediately after processing. This process does not involve the processing of directly identifying information.
That said, in compliance with the provisions of the Privacy Code, we hereby inform you that Ragno will process the data concerning you under the following conditions.
Art. 1. Purpose of the treatment
The processing of personal data is aimed exclusively at achieving the following purposes:
1) to allow registration to the Shop and for the administrative and legal obligations connected to the same,
2) if you use the e-commerce service provided by MOOD:
2a) to allow the correct execution by MOOD of the operations connected with the online purchase and, therefore, to allow it to correctly and punctually fulfill the obligations deriving from the contractual relationship established with you, as well as for administrative obligations and related law,
2b) limited to the e-mail coordinates provided by you in the context of the purchase of a product or service from the Shop, to allow the direct sale of similar products or services (so-called soft spamming), provided that you do not object to this treatment.
3) subject to your consent, for the sending of information and promotional communications (including the "newsletter"), discount coupons and special offers, by MOOD referring to products and services of the same or third parties, as well as for carrying out research market also aimed at assessing the degree of user satisfaction (customer satisfaction), by means of automated systems, such as e-mail and sms as well as by telephone and postal service.
4) subject to your consent, for the development of your commercial profile, by detecting your tastes, preferences, lifestyle and/or consumption habits, both in order to monitor your degree of satisfaction and to ensure better satisfaction of your needs, both for the purpose of sending informative and/or advertising material of our own or of third parties of your specific interest, by means of automated systems, such as e-mail and text messages, as well as by telephone and postal service,
5) for statistical and historical purposes.
Art. 2. Provision of data and consequences in case of non-consent to treatment
The provision of data for the purposes referred to in points 1 and 2b) of the art. 1 above is merely optional. However, since this processing is necessary to allow registration with the Shop and, therefore, the provision of the services offered by MOOD through the Shop, including the e-commerce service, your refusal to provide the data in question will make it impossible to complete the registration procedure and make purchases on the Shop.
Furthermore, in the event that, after registering, you intend to complete an online product purchase transaction, you will need to provide us with some additional personal data to those already provided when registering with the Shop and, in particular, those relating to the address where you would like the products you intend to purchase to be delivered. The processing of such personal data is necessary to be able to make purchases of products through the Shop and failure to provide them will make it impossible to conclude an online purchase.
If you choose a credit card as a payment instrument, you will be asked for data relating to the credit card you intend to use. These data will not be processed by us in any way, but only by the payment service provider.
With reference to the purposes of the processing indicated in points 3 and 4 of the art. 1 above, consent to the processing of your data is purely optional. Failure to consent will not have any consequence on the possibility of registering with the Shop and/or making purchases on it.
Failure to consent will only imply the consequences described below:
i) failure to consent to the processing of data for the purposes indicated will make it impossible to receive information and advertising material, newsletters and/or information communications and/or discount coupons and/or special offers from MOOD relating to its own products and services or third parties by e-mail, sms, by telephone and by postal service as well as the impossibility for MOOD to carry out market research,
ii) lack of consent to the processing of your personal data for the purposes referred to in art. 1. 4) above will make it impossible for MOOD to develop a profile of your consumption habits, aimed at guaranteeing greater satisfaction of your needs and the continuous improvement of the services offered, as well as sending you information and advertising material of your specific interest by e-mail, sms, by telephone and by postal service.
We also point out that your consent to the processing of data, for one or more of the purposes indicated above, may be revoked at any time, by modifying the consent given through the appropriate section of your profile.
Limited to the purposes described in points 2.2b (so-called soft spamming) and c) of the art. 1 above, you can also revoke your consent to the processing of data by MOOD by clicking on the link "Unsuscribe …..” placed at the bottom of each communication containing advertising or information sent to you.
Art. 3. Processing methods
The processing of personal data concerning you will mainly be carried out with the aid of electronic or automated means, according to the methods and with the instruments suitable for guaranteeing the security and confidentiality of the data, in compliance with the provisions of the Privacy Code . In particular, all technical, IT, organisational, logistical and procedural security measures will be adopted, so that the minimum level of data protection required by law is guaranteed, allowing access only to persons in charge of processing by the Data Controller or of the managers designated by the Owner. The information acquired and the methods of treatment will be pertinent and not excessive with respect to the type of services rendered. The data will also be managed and protected in environments whose access is under constant control.
Art. 4. Communication and dissemination of data
The personal data you provide will be communicated: (i) for the purposes referred to in points 1 and 2 of the art. 1 above, to employees or collaborators of MOOD who will treat them as persons in charge or responsible for the treatment.
Your data may also be communicated:
a) to all those subjects (including the Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions,
b) to companies or third parties in charge of printing, enveloping, shipping and/or delivery services for products purchased through the Shop,
c) to post offices, couriers or shippers in charge of delivering the products purchased through the Shop,
d) to companies, consultants or professionals who may be in charge of installing, maintaining, updating and, in general, managing MOOD's hardware and software or which MOOD uses to provide its services,
e) to companies or Internet providers in charge of sending documentation and/or information material,
f) to companies responsible for processing and/or sending advertising and information material on behalf of MOOD,
g) to all those public and/or private subjects, natural and/or legal persons (legal, administrative and tax consultancy firms, Judicial Offices, Chambers of Commerce, Chambers and Labor Offices, etc.), if the communication is necessary o functional to the correct fulfillment of the contractual obligations assumed, as well as the obligations deriving from the law.
The data concerning you will not be disclosed, except in anonymous and aggregated form, for statistical or research purposes.
Art. 5. Personal data controller and manager
The Data Controller of personal data is the company MOOD di Mondinelli Elda with registered office in via Valtrompia, 22 - Gardone Val Trompia (BS), operational headquarters in via Matteotti n. 205 H/K, 25063 Gardone Val Trompia (BS), registered in the Brescia Company Register, no. REA BS261194, VAT number 00287820989, tel. + 39 030 832353 email address email@example.com
The updated list of data processors and persons in charge of processing can be consulted at the headquarters of the Data Controller.
All requests and requests relating to the processing of personal data concerning you can be addressed to:
MOOD di Mondinelli Elda
via Matteotti no. 205H/K
25063 Gardone Val Trompia (BS)
tel. + 39 030 832353
Art. 6. Retention of personal data
The personal data concerning you will be kept only for the time necessary to guarantee the correct provision of the services offered.
In the event of cancellation, exclusion or disabling due to failure to use your account on the Shop, your data will be kept for administrative purposes for a period not exceeding one quarter, without prejudice to any specific legal obligations on the conservation of accounting documentation or for public security. In such cases, the automatic deletion of data will be guaranteed also by third parties to whom the same may have been communicated.
In any case, it is understood that your personal data will be stored and processed for the purposes of verifying consumption and marketing habits for the period of time permitted by law and by the provisions of the Guarantor Authority for the Treatment of Personal Data and, that is, respectively, for 12 or 24 months. At the end of this period, Ragno may ask the user to renew his consent to the processing of his data for these purposes or to transform them into anonymous form and keep them only for statistical purposes.
Art. 7. Right of access to personal data
Pursuant to art. 7 of the Privacy Code, you have the right, among other things, to:
a) obtain confirmation of the existence or not of personal data concerning you and their communication in an intelligible form,
b) obtain, by the Data Controller:
indications on the origin of personal data, on the purposes and methods of treatment, on the logic applied in case of treatment carried out with the aid of electronic instruments,
indication of the identification details of the Data Controller,
information about the subjects or categories of subjects to whom the data may be communicated or who can become aware of the same as designated representative on the territory of the state, managers or agents,
updating, rectification or integration of data concerning you,
the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is necessary for the purposes for which the data were collected or subsequently processed,
the attestation of the fact that the operations referred to in the preceding points have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right, d) oppose you, in whole or in part:
for legitimate reasons, to the processing of data concerning you, even if pertinent to the purpose of the collection,
to the processing of personal data concerning you, for the purposes of commercial information or the sending of advertising material or direct sales or for carrying out market research or commercial communication. In this regard, it should be remembered that the interested party's right to object to the processing of personal data for the purposes referred to in points 2.2b and 3 of art. 1 above carried out through automated contact methods (email, sms,) also extends to traditional ones (mail and telephone), without prejudice to the possibility for the interested party to exercise this right in part, i.e. by opposing, for example, only the sending of promotional communications made through automated tools.
The above rights may be exercised with a request to the Data Controller also by e-mail to the following address firstname.lastname@example.org
Extended information on Cookies
Cookies consist of portions of code installed in the browser that assist the Owner in providing the service according to the purposes described. Some of the purposes for installing Cookies may also require the User's consent.
Technical cookies and aggregate statistics
Activities strictly necessary for operation
Activity of saving preferences, optimization and statistics
Other types of Cookies or third-party tools that may use them
Some of the services listed below collect statistics in aggregate form and may not require the User's consent or may be managed directly by the Owner - depending on what is described - without the help of third parties.
If among the tools indicated below there were services managed by third parties, these could - in addition to what is specified and also without the knowledge of the Owner - perform User tracking activities. For detailed information on this, it is advisable to consult the privacy policies of the services listed.
Contact the user
Mailing List or Newsletter (This Application)
By registering with the mailing list or newsletter, the User's email address is automatically added to a list of contacts to which email messages containing information, including commercial and promotional information, relating to this Application may be sent. The User's email address could also be added to this list as a result of registering with this Application or after making a purchase.
Personal data collected: City, Surname, Cookie, Email, Country, Name and Telephone Number.
Contact form (This Application)
By filling in the contact form with their Data, the User consents to their use to respond to requests for information, quotes, or any other kind indicated by the header of the form.
Personal data collected: Surname, Email, Name and Telephone Number.
Interaction with social networks and external platforms
These services allow you to interact with social networks, or with other external platforms, directly from the pages of this Application.
The interactions and information acquired by this Application are in any case subject to the User's privacy settings relating to each social network.
In the event that an interaction service with social networks is installed, it is possible that, even if the Users do not use the service, the same collects traffic data relating to the pages in which it is installed.
Facebook Like button and social widgets (Facebook, Inc.)
The Facebook "Like" button and social widgets are services allowing interaction with the Facebook social network, provided by Facebook, Inc.
Personal Data collected: Cookies and Usage Data.
Twitter Tweet button and social widgets (Twitter)
The Tweet button and Twitter social widgets are services for interacting with the Twitter social network, provided by Twitter Inc.
Personal Data collected: Cookies and Usage Data.
Widget social di Pinterest (Pinterest)
The Pinterest social widget is an interaction service with the Pinterest social network, provided by Pinterest Inc.
Personal Data collected: Cookies and Usage Data.
Instagram social widget(Instagram)
The Instagram social widget are interaction services with the Instagram social network, provided by Instagram Inc.
Personal Data collected: Cookies and Usage Data.
Remarketing e Behavioral Targeting
These services allow this Application and its partners to communicate, optimize and serve advertisements based on the past use of this Application by the User.
This activity is carried out by tracking Usage Data and using Cookies, information that is transferred to the partners to whom the remarketing and behavioral targeting activity is connected.
Remarketing with Google Analytics for display advertising (Google Inc.)
Google Analytics for display advertising is a Remarketing and Behavioral Targeting service provided by Google Inc. which connects the tracking activity performed by Google Analytics and its Cookies with the Adwords advertising network and the Doubleclick Cookie.
Personal Data collected: Cookies and Usage Data.
AdWords Remarketing (CRITEO)
AdWords Remarketing is a Remarketing and Behavioral Targeting service provided by Criteo that connects the activity of this Application with the related Cookies.
Personal Data collected: Cookies and Usage Data.
The services contained in this section allow the Data Controller to monitor and analyze traffic data and are used to keep track of User behaviour.
Google Analytics (Google)
Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the Personal Data collected for the purpose of tracking and examining the use of this Application, compiling reports and sharing them with other services developed by Google.
Google may use the Personal Data to contextualize and personalize the ads of its advertising network.
Personal Data collected: Cookies and Usage Data.
Google AdWords conversion tracking (Google Inc.)
Google AdWords conversion tracking is a statistics service provided by Google Inc. that connects data from the Google AdWords advertising network with actions performed within this Application.
Personal Data collected: Cookies and Usage Data.
Viewing content from external platforms
These services allow you to view content hosted on external platforms directly from the pages of this Application and to interact with them.
If a service of this type is installed, it is possible that, even if the Users do not use the service, it may collect traffic data relating to the pages in which it is installed.
Widget Google Maps (Google Inc.)
Google Maps is a map visualization service managed by Google Inc. which allows this Application to integrate such contents within its pages.
Personal Data collected: Cookies and Usage Data.
How can I control the installation of Cookies?
In addition to what is indicated in this document, the User can manage preferences relating to Cookies directly within his browser and prevent - for example - that third parties can install them. Through the browser preferences it is also possible to delete the Cookies installed in the past, including the Cookie in which the consent to the installation of Cookies by this site is eventually saved. It is important to note that by disabling all cookies, the functioning of this site could be compromised. The User can find information on how to manage Cookies in his browser at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Windows Explorer.
Notwithstanding the foregoing, the Owner informs that the User can make use of Your Online Choices. Through this service it is possible to manage the tracking preferences of most of the advertising tools. The Owner therefore advises Users to use this resource in addition to the information provided in this document.
MOOD by Mondinelli Elda with registered office in via Valtrompia, 22 - Gardone Val Trompia (BS), operational headquarters in via Matteotti n. 205 H/K, 25063 Gardone Val Trompia (BS), registered in the Brescia Company Register, no. REA BS261194, VAT number 00287820989, tel. + 39 030 832353 email address email@example.com
Given the objective complexity linked to the identification of technologies based on Cookies and their very close integration with the functioning of the web, the User is invited to contact the Owner should he wish to receive any further information relating to the use of the Cookies themselves and any uses of the same - for example by third parties - made through this site.