The following General Conditions of Sale regulate the offer and sale of products on this website www.molinispigadoro.com (Website).
The products purchased from the Website are offered and sold by Molini Spigadoro S.p.A. – Via IV Novembre 4, 06083 Bastia Umbra PG, as Data Controller (Molini Spigadoro).
- Scope of application
1.1 The sale of the products through the Website (Products) constitutes a distance contract regulated by Chapter I, Title III (arts. 45 et seq.) of Italian Legislative Decree 206 of 6 September 2005 (Italian Consumer Code) and Italian Legislative Decree 70 of 9 April 2003, containing the e-commerce regulations.
1.2 The General Conditions of Sale can be amended at any time. Any amendments and/or new conditions will be effective as soon as the same are published on the Website. For this reason users are asked to regularly access the Website and consult, before making any purchases, the latest version of the General Conditions of Sale. The General Conditions of Sale applicable are those in force as at the date of sending the purchase order.
1.3 These General Conditions of Sale do not regulate the sale of products/supply of services by parties other than Molini Spigadoro that are present on the Website by means of a link, banner or other hypertext links. Before executing commercial transactions with such parties please verify their conditions of sale. Molini Spigadoro is not responsible for the supply of services and/or sale of products by such parties. Molini Spigadoro does not carry out any checks and/or monitoring of the websites that can be visited through these links. Therefore, Molini Spigadoro is not liable for the contents of such websites or any errors and/or omissions and/or breaches of the law by the same.
- Purchases from the Website
2.1 Access to sales through the Website is reserved exclusively to users that are 18 years of age or older.
2.2 Molini Spigadoro reserves the right to refuse or cancel orders from (i) a user with whom it has a legal dispute in progress; (ii) a user that has previously breached these General Conditions of Sale and/or conditions and/or terms on a purchase contract with Molini Spigadoro; (iii) a user that is involved in any type of fraud and, in particular, fraud relevant to credit card payments; (iv) users that have provided fake, incomplete or incorrect identification information or that have not promptly sent to Molini Spigadoro the documents requested by the same on the basis of these General Conditions of Sale, or that have sent invalid documents; (v) users that do not give sufficient guarantees of solvency.
- Registration with the Website
3.1 Registration with the Website is free.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and ensure that nobody has access to them, as well as promptly inform Molini Spigadoro, by contacting the same as indicated in art. 14, in the event of suspected improper use and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure to the Website is true and complete. The user accepts to hold Molini Spigadoro harmless from all damages, compensation obligations and/or penalties resulting from and/or in any way related to the breach by the user of the rules for the registration with the Website or the preservation of the registration credentials.
- Information aimed at the execution of the contract
4.1 In compliance with Italian Legislative Decree 70 of 9 April 2003, laying down e-commerce provisions, Molini Spigadoro informs the user that:
– to execute the purchase contract for one or more Products on the Website, the user must fill in an electronic order form and send it to Molini Spigadoro, electronically, following the instructions that appear from time to time on the Website and that accompany the various phases of the purchase;
– the contract is executed when the on-line form reaches Molini Spigadoro’s server;
– once the on-line order form is registered and confirmation of authorisation for the payment of the full amount due is received, Molini Spigadoro will send to the user, via e-mail to the indicated e-mail address, order confirmation, containing the detailed breakdown of the price, the payment method used, information relevant to the withdrawal right, delivery charges and any additional costs, as well as contact information for Customer Service. We recommend to keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the withdrawal form as per art. 10 will be attached to the e-mail confirming shipment of the product purchased.
– the order form will be archived in Molini Spigadoro’s database for the time necessary to complete the order and, in any case, within the statutory limits.
- Validity of offers and prices
5.1 All prices of the Products are expressed in Euro (€) and are understood as being comprehensive of Value Added Tax (“VAT”). Any additional costs will be expressly and separately indicated on the order form, before the user forwards the same.
5.2 The price of the Products can be changed by Molini Spigadoro at any time, without prior notice, provided that the price charged to the user is that which is published on the information sheet that illustrates the main Product characteristics (Product Sheet) at the time that the order is sent. Any changes (upwards or downwards) in price after the order is sent will not be taken into account.
- Purchase order – Product Information
6.1 Molini Spigadoro will process the purchase order and, then, ship the Purchased product, only after having received confirmation of the authorisation for the payment of the total amount due, consisting of the purchase price, delivery costs, where applicable, and all other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or successful payment is not confirmed, the purchase contract is considered terminated pursuant to and for the effects of art. 1456 of the Italian Civil Code. The user will be immediately notified following the transmission of the order of the termination and consequent cancellation of the order, through the Website.
6.2 The Products remain the property of Molini Spigadoro until payment by the user of the Total Amount Due. The loss or damage risk relevant to the Products, for causes not attributable to Molini Spigadoro, instead, will be transferred to the user when the user, or a third-party appointed by the same and other than the carrier, physically takes possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the actual colours due to the settings of the IT systems or computers used by users to view the same. The images of the Products on the Product Sheet, furthermore, may differ in size or in relation to any accessory products. These images must, therefore, be intended as indicative and with tolerances. For the purpose of the purchase contract, the description of the Product contained in the order form transmitted by the user will be considered valid.
- Product Availability
7.1 The products offered on the Website are limited in number. Therefore, it may happen, also due to the possibility that several users may buy the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In the event of unavailability of the ordered Product, without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by e-mail. The user will then 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, subsections IV and V, of the Italian Consumer Code. In the event that the user makes use of the right of resolution pursuant to art. 61, subsections IV and V, of the Italian Consumer Code, or in any case in which the payment of the Total Amount Due has already occurred, Molini Spigadoro, without prejudice to the user’s right to compensation for damages, will refund the amount without undue delay and, in any case, within the maximum period of 15 business days from sending the order. The amount of the refund will be communicated to the user via e-mail. This amount will be refunded to the same method of payment used by the user for the purchase. Any delays in the credit may depend on the bank, type of credit card or payment method used. In any case, the value date will be the same as that of the credit.
7.3 In the case of orders relating to a number of Products (Multiple Order), if the unavailability occurs only for some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of art. 7.2, should the unavailability concern all of the Products ordered – Molini Spigadoro will immediately notify the user by e-mail. The user shall, therefore, be entitled to immediately terminate the contract, limited to the Product/Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of art. 61, subsections IV and V, of the Italian Consumer Code. In the event that the user makes use of the right to terminate, pursuant to art. 61, subsections IV and V, Italian Consumer Code, relevant to the Product/Products that have become unavailable or in the event that the payment of the Total Amount Due has been made, Molini Spigadoro, without prejudice to the right of the user to compensation for damages, will refund the amount due in relation to such Product/Products, including delivery charges, calculated as indicated in art. 8.3 below, and all other additional costs due specifically in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum of 15 business days from the sending of the order. The amount of the refund will be communicated to the user via e-mail. This amount will be refunded to the same method of payment used by the user for the purchase. Any delays in the credit may depend on the bank, type of credit card or payment method used. In any case, the value date will be the same as that of the credit. The termination of the entire Multiple Order is possible only in the case of evident and proven incidental nature of the Products of the Multiple Order that have become unavailable compared to other available Products of the Multiple Order.
- Delivery of the purchased Products
8.1 If due, the amount of delivery costs due by the user in relation to a specific order, is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and in any case , before the user proceeds to the transmission of the same. In the event of failure to indicate a specific delivery date, it shall in any case take place within thirty days from the execution date of the contract.
8.3 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed to the user will be quantified in proportion to the value of the Product subject to withdrawal.
8.4 The delivery obligation is fulfilled through the transfer of the material availability or, in any case, control of the Products to the user.
It is the user’s responsibility to check the conditions of the Product that has been delivered to/picked up by the same. Without prejudice that the risk of loss or damage to the Products, for reasons not attributable to Molini Spigadoro is transferred to the user when the user, or a third-party appointed by the same and other than the carrier, materially gains possession of the Product, we recommend that the user checks the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, including seals and is asked, in his/her interest, to indicate on the transport document of the carrier any anomalies, accepting the package “under reservation”. The receipt without reservation of the products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence of the courier and except for partial loss or damage not recognisable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, it is recommended that the user promptly notifies Customer Service. Without prejudice, in any case, to the application of the regulations relevant to the withdrawal right and legal guarantee of compliance. The courier makes two delivery attempts, after which the same will send the Products back to Molini Spigadoro, which will refund the money to the customer. No amounts are payable to the courier at the time of delivery.
8.5 The provisions of art. 61 of the Italian Consumer Code are applicable in the event that the Product purchased is not delivered or is delivered late compared to the terms of delivery indicated during the purchase process and order confirmation.
In any case, Molini Spigadoro undertakes to promptly notify by e-mail of any delay in delivery (E-mail Notification of Delay), indicating, at the same time, the new terms of delivery (New Terms of Delivery), without prejudice to the user’s rights pursuant to art. 61 of the Italian Consumer Code and the possibility to use, at any time, ordinary means of protection made available by the law and, in particular, of Chapter XIV of Title II of Book IV of the Italian Civil Code.
8.6 The customer can take into consideration the following for delivery costs:
Up to 3 kg: €6.50
From 3kg to 10kg:
Italy (excluding Umbria, Sicily, Sardinia and Calabria): €9.50
Calabria and Sicily: €15.00
From 10kg to 15kg:
Italy (excluding Umbria, Sicily, Sardinia and Calabria): €11.50
Calabria and Sicily: €16.50
From 15 to 30 kg:
Italy (excluding Umbria, Sicily, Sardinia and Calabria): €12.80
Calabria and Sicily: €19.50
From 30 to 75 kg:
Italy (excluding Umbria, Sicily, Sardinia and Calabria): €31.50
Calabria and Sicily: €35.00
- Method of Payment
- Payment for the Products can be made by credit/debit card or via PayPal. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Website, at the latest at the beginning of the purchase procedure.
9.2 For the issue of the invoice, the information provided by the user for such purpose will be used, which the same declares and guarantees are true, binding the same to indemnify and hold Molini Spigadoro harmless for all damages, including penalties issued by the competent authorities, that may arise from the same due to the non-compliance of the same to the truth.
9.3 Payment by credit or debit card
9.3.1 The payment of the Products can be made using a credit/debit card directly on the Website.
9.3.2 In order to guarantee the safety of the payments made on the Website and prevent fraud, Molini Spigadoro reserves the right to request that the user, through e-mail, sends, using the same method, a back/front copy of his/her identification document and, in the event that the user making the order is different than the card holder, the identity card of the latter. The document must not be expired. In the e-mail requesting the above, the deadline by which Molini Spigadoro must receive the document is specified. In any case, this term shall not exceed 5 business days from the receipt of the request by the user. The order will be suspended until the document is received. The user is required to send the documents requested within the indicated terms.
9.3.3 In the event that Molini Spigadoro does not receive the mentioned documents within the terms specified in the e-mail requesting the same, or received expired or invalid documents, the contract is understood as terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will be cancelled, without prejudice to the right of Molini Spigadoro to compensation for any damages incurred by the same due to the non-compliant behaviour of the user. The termination of the contract, which will be notified to the user via e-mail, within 5 business days from the deadline for sending the documents requested by Molini Spigadoro, will result in the cancellation of the order, with the subsequent refund of the Total Amount Due.
9.3.4 Should Molini Spigadoro receive valid documentation within the terms indicated in the e-mail as set out in art. 9.3.2 above, the terms of delivery will be effective from the date on which the same was received.
9.3.5 The confidential information of the credit card (card number, card holder, expiry date, security code) are encrypted and sent directly to the payment handler without passing through Molini Spigadoro servers. Molini Spigadoro, therefore, never has access and does not store the data of the credit card used by the user for the payment of the Products, without prejudice to the data relevant to the card holder, as provided in Articles 9.3.2 and 9.3.3.
9.4 Payment by PayPal
9.4.1 The payment of the Products purchased on the Website can be made using PayPal. Should the user choose PayPal to make payment, the latter will be redirected to the website www.paypal.it, where he/she will pay for the Products based on the procedure established and regulated by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Molini Spigadoro. The latter is, therefore, not in a position to know and does not in any way store the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected to that account.
9.4.2 In the event that the user uses PayPal for the payment, the Total Amount Due will be charged by PayPal to the user upon execution of the contract through the Website. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the PayPal account. The credit times on the payment instrument linked to this account depend exclusively on PayPal and the banking system. Once the credit order has been issued in favour of such account, Molini Spigadoro cannot be considered liable for any delays or omissions in the crediting of the amount of the refund, the user must contact PayPal directly for any complaints.
- Withdrawal Right
10.1 The user who takes in the role of consumer has the right to withdraw from the contract executed with Molini Spigadoro, without having to incur costs other than those indicated herein this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- a) in the event of an order relevant to only one Product, from the date on which the user or third-party, other than the carrier and appointed by the user, physically takes possession of the Product;
- b) in the event of a Multiple Order with separate deliveries, from the date on which the user or third-party, other than the carrier and appointed by the user, physically takes possession of the last Product; or
- c) in the event of an order relevant to the delivery of a Product consisting of batches or multiple pieces, from the date on which the user or third-party, other than the carrier and appointed by the user, physically takes possession of the last batch or item.
10.2. To exercise the withdrawal right, the user must notify Molini Spigadoro of his/her decision to withdraw, prior to the deadline of the Withdrawal Period.
10.3 For this purpose the user can:
(a) use the withdrawal form (Withdrawal Form) available on the Website, through a specific link, prior to the execution of the contract, and, in any case, through the “Withdrawal Right” link, on the Website and attached to the delivery confirmation e-mail; or
(b) submit any other type of explicit declaration relevant to your decision to withdraw from the contract (Withdrawal Declaration).
The Withdrawal Form or the Withdrawal Declaration must be sent to the following e-mail: [email protected]
Since the burden of proof relevant to the exercise of the withdrawal right prior to the expiry of the Withdrawal Period is incumbent of the user, it is in the interest of the same to use a durable medium when communicating the withdrawal to Molini Spigadoro.
10.4 For the return of the product, the user can use a carrier of his/her choice with the charges for the return to be borne by the same: in this case, the user, after having exercised the withdrawal right pursuant to the methods indicated herein this article, must provide to return the Product to Molini Spigadoro, using a carrier of his/her choice and at his/her expense, without undue delay and, in any case, within 14 calendar days from the date on which the decision to withdraw was communicated to Molini Spigadoro. The deadline is met if the user returns the Product before the expiry period of fourteen days. The Product, appropriately protected and packed, must be sent to the following address: Molini Spigadoro S.p.A., Via IV Novembre 2/4 – 06083 Bastia Umbra – PERUGIA (Pg).
The costs for returning a Product to Molini Spigadoro are borne by the user. The return of the product to Molini Spigadoro takes place under the responsibility of the user; the product is considered returned when it is delivered by the carrier.
In the event that the user used a discount code for the purchase of the Product for which he/she exercised the withdrawal right, the refund will be made only in reference to the amount of money effectively sent by the user, and not also in regards to the amount of the discount code.
10.5 Should the user withdraw from the contract, Molini Spigadoro will reimburse the Total Amount Due paid by the user for the Product, including delivery costs, where applicable, without undue delay and, in any case, not beyond 14 calendar days from the date on which Molini Spigadoro was informed of the user’s decision to withdraw from the contract. The refund shall be made using the same payment method used by the use for the original transaction; in any case, the user must not incur any costs as a result of the refund.
10.6 In the event of a partial withdrawal, the amount of the delivery charges to be returned to the user subsequent to the withdrawal will be calculated as set out in the above art. 8.3.
10.7 The user is liable only for the decrease in value of the goods resulting from the handling of the product other than that which is necessary to establish the nature, characteristics and functioning of the Product. The Product must, in any case, be stored, handled and inspected with the normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, 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 of signs of wear or dirt. Furthermore, the withdrawal is applicable to the Product in its entirety. Therefore, it cannot be exercised in relation to parts and/or accessories (which do not constitute stand-alone Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in compliance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not give right to any reimbursement. Molini Spigadoro will inform the user within 5 business days from the receipt of the Product, rejecting the request for withdrawal. If the product has already been delivered to Molini Spigadoro, it will remain at the premises of Molini Spigadoro at the user’s disposal for collection, which must occur at the expense and under the liability of the user.
10.9 Should the Product for which the withdrawal was exercised incur a decrease in value resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. For such circumstance and consequent lesser amount of the refund, Molini Spigadoro will notify the user within 5 business days from receiving the Product, providing to the same, in the event that the refund has already been issued, the banking information for the payment of the amount due from the user due to the decrease in value of the Product.
10.10 In the event that, should one of the situations envisaged by the law be present, such exclusion will be specifically and expressly communicated on the Product Sheet and, in any case, during the purchase procedure, before the user forwards the order. In any case, the user is reminded that, pursuant to art. 59 of the Italian Consumer Code, the withdrawal right is excluded, inter alia, where the sale concerns:
(i) tailor-made or clearly customised products; (ii) sealed products that have been opened after delivery and are not suitable to be returned for hygienic or health protection reasons.
10.11 Regardless of the possibility to exercise the right to withdraw, Molini Spigadoro offers the user the possibility to exercise the right to return, pursuant to the terms and conditions indicated at the “Returns” page of the Website. The right to return is in addition to and does not replace the right to withdraw regulated by the foregoing articles.
- Discount code
11.1 It is also possible to purchase from the Website using a discount code issued by Molini Spigadoro. If the value of the discount code is lower than that of the order, the remaining amount can be paid using the payment methods available on the Website.
11.2 Discount codes cannot be combined for a single purchase. Discount codes can be used for products that are already on sale. It is not possible to use a discount code to pay for an amount lower than the value of the same. Discount codes can be used for one purchase only. Under no circumstances will discount codes give the right to receive change in the case of purchases of a lower amount.
11.3 Any products for which discount codes cannot be used are duly indicated on the Website. In the event of cancellation, for any reason, of an order for which a discount code was used, the relevant amount will be credited back to the customer’s account.
11.4 Under no circumstances can coupons be converted into cash.
- Legal Conformity Guarantee
All Products sold on the Website are covered by the Legal Conformity Guarantee envisaged by arts. 128-135 of the Consumer Code (Legal Guarantee).
WHO DOES IT APPLY TO
The Legal Guarantee is reserved to consumers. Therefore, it is applicable only to users that have purchased from the Website for reasons not connected to any business, commercial, artisan or professional activities. The guarantees for defects of the item sold, lack of the quality promised and essential guaranteed provided by the Italian Civil Code together with the relevant terms, deadlines and limitations will be applicable to users that are not consumers.
WHEN IS IT APPLICABLE
The seller is liable towards the consumer for all lack of conformity existing upon delivery of the Product and that arises within two years from 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 presumed that conformity defects that occur within six months of delivery of the Product already existed as at such date, unless this assumption is incompatible with the nature of the Product or lack of conformity. Starting from the seventh month following delivery of the Product, it will be the burden of the consumer to prove that the lack of conformity already existed upon delivery of the same.
In order to use the Legal Guarantee, the user must, first and foremost, provide proof of the purchase or delivery date of the good. Therefore, it is advisable that the user, for the purposes of such proof, keeps the purchase invoice sent by Molini Spigadoro, or any other document, that certifies the order (i.e. credit card statement) and delivery date.
WHAT IS A CONFORMITY DEFECT
A conformity defect exists when the good purchased:
– is not suitable for the use for which similar products are usually used;
– does not comply to the description provided by the seller and does not possess the qualities of the good presented by the seller to the purchaser as a sample or model;
– does not present the usual qualities and performance of similar goods, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling;
– is not suitable for the particular use intended by the consumer and has been brought to the attention of the seller as at the execution of the contract and accepted by the seller.
Therefore, breakdowns, malfunctions, defects or other caused by accidental events or for which the user is liable or use of the Product that does not comply with its intended use and/or that which is envisaged within the technical documents enclosed to the Product, where the same exists, or instructions for the use of the same.
REMEDIES AVAILABLE TO THE USER
In the event of a conformity defect duly reported within the deadline, the user has the right:
– firstly, to the repair or replacement of the good free of charge, at the user’s choice, unless the remedy requested is objectively impossible or excessively costly compared to the other and, therefore, in the case at hand, considering the type of sale, the replacement, where it is possible in relation to the number of items still available for sale;
– secondly (where repair or replacement are impossible or excessively costly or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out have caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at the user’s choice.
The remedy requested is excessively costly where is imposes unreasonable costs for the seller compared to alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there was no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
ACTION TO BE TAKEN IN THE EVENT OF A CONFORMITY DEFECT
In the event that a Product purchased on the Website, during the period of validity of the Legal Guarantee, shows what could be a lack of conformity, the user must contact Customer Service, at the addresses as indicated in art. 14. Molini Spigadoro will promptly reply to the notification of the alleged lack of conformity and inform the user of the specific procedure to follow, also to agree to the delivery methods for the goods, also taking into account the commodity category of the Product and/or defect reported.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE
In the event of termination of the contract, Molini Spigadoro will return the full amount paid to the user, consisting of the purchase price of the Product, delivery costs and any other additional costs. In the case of a price reduction, Molini Spigadoro will return the amount of the reduction previously agreed to with the user. Alternatively, the user can choose to receive a coupon, to spend on the Website, for an amount equal to the refund or, respectively, the reduction to which the same is entitled.
The amount of the refund or reduction will be notified to the user by e-mail and accredited to the method of payment used by the user for the purchase.
Molini Spigadoro is not liable for damages, of any nature, arising from improper use of the Product or non-compliance with the instructions supplied by the manufacturer, as well as in the event of damages deriving from unforeseeable circumstances or force majeure.
- Applicable law and jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/On-line Dispute Resolution
13.1 Contracts executed between users of the Website and Molini Spigadoro are regulated by Italian law. Without prejudice to the application to consumer users that do not regularly reside in Italy of the more favourable provisions and mandatory provisions envisaged by the law of the country in which they regularly reside, in particular in relation to the deadline for exercising the withdrawal right, return of the Product, in the event of the exercise of such right, the methods and procedures for the communication of the same and legal conformity guarantee.
13.2 It is noted that in the case of a consumer user, for all disputes relevant to the application and interpretation of these General Conditions of Sale the court where the user resides or has elected domicile will have jurisdiction.
13.3 Pursuant to art. 141-sexies, subsection 3 of Italian Legislative Decree 206 of 6 September 2005 (Italian Consumer Code), Molini Spigadoro informs the user that is a consumer pursuant to art. 3, subsection 1, lett. a) of the Italian Consumer Code, that, in the event that the user has submitted a claim directly to Molini Spigadoro, subsequent to which it has not been possible to resolve such dispute , Molini Spigadoro will provide the relevant information to the Alternative Dispute Resolution body/bodies for the out-of-court resolution of the disputes relevant to the obligation arising from a contract executed based on these General Conditions of Sale (so-called ADR bodies, as indicated at arts. 141-bis et seq. of the Italian Consumer Code), specifying whether it intends to avail itself or not these bodies to resolve the dispute.
Molini Spigadoro also informs the user that is a consumer pursuant to art. 3, subsection 1, lett a) of the Italian Consumer Code that a European platform has been set-up for the on-line resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer can consult the list of ADR bodies, find the link to the website of each of them and start an on-line resolution procedure for the dispute in which it is involved.
In any case, without prejudice to the right of the consumer user to refer to the ordinary court of jurisdiction for the dispute arising from these General Conditions of Sale, whatever the outcome of the out-of-court settlement of the disputes relevant to consumer relations by referring to the procedures envisage in Part V, Title II-bis of the Italian Consumer Code.
13.4 The user that resides in a Member State of the European Union other than Italy can also access, for all disputes relevant to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes for a modest amount, by Council Regulation (EC) 861/2007 of 11 July 2007, provided that the amount of the dispute does not exceed, excluding interests, rights and expenses, Euro 2,000.00. The regulation can be consulted at www.eur-lex.europa.eu.
- Customer service and complaints
14.1 It is possible to request information, send communications, request assistance or forward complaints by contacting Customer Service as follows:
by mail, at the following address: Molini Spigadoro S.p.A., Via IV Novembre 2/4 – 06083 Bastia Umbra – PERUGIA (Pg) – Italy
by phone: +39 389/4607096
by email: [email protected]
by fax: +39 075 8009213.
14.2 Molini Spigadoro will respond to complaints within five business days from the receipt of the same.