Terms and conditions of sale
- SCOPE OF APPLICATION
All orders placed via the Internet on the website www.mojaitaly.com (hereinafter "Moja - Antica Gastronomia"), owned by Antica Gastronomia srl, are governed by these General Terms and Conditions of Sale (hereinafter "General Conditions")formulated in accordance with current legislation on contracts concluded outside business premises. By submitting an order, you declare that you have read, understood and accepted these General Terms and Conditions of Sale. Moja - Antica Gastronomia reserves the right at any time to modify these General Terms and Conditions of Sale by publishing the new version on the website www.mojaitaly.com (hereinafter the Website). The General Conditions of Sale applicable are those in force at the time the order is placed. The purpose of these General Conditions is to regulate the purchase of products and services made available by the Site in compliance with the Italian legislation on distance contracts ( D. lgs. 70/2003). The site is owned by Antica Gastronomia with registered office in Via E. Fermi, 1 - 62010 Mogliano (Mc) Italy - P.iva/Codice fiscale 01597620432 -Tel. + 39.0733.557803 - Fax + 39.0733.557802 - P.iva/Codice fiscale 01597620432 - REA Mc-165528. The Customer must carefully read the General Conditions before sending the order. These General Conditions have been made available on the Site to allow reproduction, understanding and storage. The seller is:Moja -Antica Gastronomia
Registered office in Via E. Fermi, 1
62010 Mogliano (Mc) Italy
VAT/Fiscal Code 01597620432
- CONCLUSION OF THE CONTRACT
- PRODUCT PRICES AND DELIVERY COSTS
Moja - Antica Gastronomia offers to the customer the possibility to use the free shipping for orders over € 80,00 tax included for orders shipped in Italy. The prices displayed on the Website are all inclusive of VAT and expressed in Euro. The prices applicable for the products ordered are those that result on this site at the date of transmission of the order. These prices are inclusive of VAT. Shipping costs are not included. Shipping costs are invoiced on the basis of the rates indicated on this site on the date the order is placed. These rates are defined according to the size of the order, the delivery method, the location and the country of residence. Moja - Antica Gastronomia reserves the right to change prices and shipping costs at any time and to cancel an order in case of obvious error in the calculation system or data. We ship all over Italy including islands. It excludes any right of the Customer to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or evasion, even partial, of an order. The visual and photographic representations of the products on the Site, are only accompanying the description card. It is understood that the photographic image of the products has the sole purpose of presentation for sale and may not be perfectly representative of its characteristics but differ in color and/ or size. In case of difference between the image and the written product sheet, the description of the product sheet is always valid. Moja - Antica Gastronomia promotes responsible trade and excludes any liability to its own responsibility in the case of purchase made by minors under 16 years.
- METHODS AND CONDITIONS OF PAYMENT
The Customer may opt for the payment of the price of the Products and the related shipping costs by credit card through the Paypal circuit or by bank transfer, Payment through Paypal (including credit card), to ensure maximum security, the Customer will make the payment transaction directly on the secure server of Paypal: once the order has been confirmed, The Customer will be redirected to the Paypal site where he can make payment with his Paypal account or using a credit card or even prepaid. In case of payment through the bank transfer the credit transfer must be received within 5 days from the date of the order, if the transfer does not take place in this period, The Customer will be contacted by the Customer Service in order to clarify whether the reason for not crediting is due to the Customer’s willingness not to confirm the purchase or other causes.
Data for the transfer:
Antica Gastronomia srl
Causal: indicate in the reason for the transfer the order number and the date.
- MANAGEMENT OF ORDERS
Once the order has been received, Moja - Antica Gastronomia will check the stock for availability and will proceed with the order processing as soon as possible. All orders will be subject to the approval of Moja - Antica Gastronomia of which the customer will be informed by sending an email confirming that the order has been accepted. The order details are summarized in the order confirmation.
- WEIGHTS OF PRODUCTS PURCHASED
The products sold by Moja - Antica Gastronomia are handcrafted and therefore the net weight of each product may vary with respect to the weight indicated in the product sheet. In order to offer a quality service to our customers, Moja - Antica Gastronomia undertakes to produce slightly larger sizes than those reported on the website, therefore the product that will be delivered will always have a weight equal to or greater than indicated on the product sheet.
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure. Moja - Antica Gastronomia records in its accounts on a special register every order placed on the Site and will send the customer a receipt in electronic format to the email address indicated at the time of purchase and/ or in paper form included in the package. For the issue of the invoice, the Customer must request it through the "Notes" field at checkout by entering their billing data. It will not be possible to make any changes to the invoice after the issue of the same.All purchases will be delivered by express courier DHL or GLS (hereinafter, "Couriers") from Monday to Friday, excluding holidays and national holidays. Moja - Antica Gastronomia is not responsible for unforeseeable delays, disruptions or missed deliveries by the Corriere. Once the Products have been shipped, Moja - Antica Gastronomia will inform the Customer by email about the shipment and the tracking link. Except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered, in Italy, within 3/4 from the day following receipt of payment and the relative order confirmation email, unless Moja - Antica Gastronomia does not communicate - within the above-mentioned deadline - the impossibility of delivering the goods ordered as a result of the eventual unavailability, even temporary, of the Products. In case of such communication, the Customer will have the possibility to wait for the new availability of the missing product or to choose one or more alternative products. In the event that the Customer decides not to choose alternative products or to cancel the order, Moja - Antica Gastronomia will refund any sums already paid by the Customer within the same time limits. It will not be possible to make any changes to the invoice after the issue of the same.All purchases will be delivered by express courier DHL or GLS (hereinafter, "Couriers") from Monday to Friday, excluding holidays and national holidays. Moja - Antica Gastronomia is not responsible for unforeseeable delays, disruptions or missed deliveries by the Corriere. Once the Products have been shipped, Moja - Antica Gastronomia will inform the Customer by email about the shipment and the tracking link. Except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered, in Italy, within 3/4 from the day following receipt of payment and the relative order confirmation email, unless Moja - Antica Gastronomia does not communicate - within the above-mentioned deadline - the impossibility of delivering the goods ordered as a result of the eventual unavailability, even temporary, of the Products. In case of such communication, the Customer will have the possibility to wait for the new availability of the missing product or to choose one or more alternative products. In the event that the Customer decides not to choose alternative products or to cancel the order, Moja - Antica Gastronomia will refund any sums already paid by the Customer within the same time limits. The product information provided through the Site is constantly updated, but it is not possible to guarantee the complete absence of errors. Moja - Antica Gastronomia reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior communication. Any complaint must be forwarded to Moja - Antica Gastronomia by sending an email to firstname.lastname@example.org or by calling the following number: +39 0733.557803 (Monday to Friday from 9:00 to 12:00, and from 15:00 to 16:00) or by registered letter a/r to the following address:
Moja - Antica Gastronomia
att.ne Customer Service
Via E. Fermi, 1
62010 Mogliano (Mc)
- RIGHT OF WITHDRAWAL (CONSUMER CODE D.LGS 206/05 AND D.L. 21/2014)
Customers of Moja - Antica Gastronomia, who have made a purchase on www.mojaitaly.com have the right to withdraw totally or partially from the purchase contract for non-food products , without having to provide any reason within 14 calendar days ("Withdrawal Period") starting from the day you received the goods.
For the purpose of exercising the right of withdrawal, the Customer must send the duly completed form downloadable at this link by registered mail A/R to:
Moja - Antica Gastronomia
att.ne Customer Service
Via E. Fermi, 1
62010 Mogliano (Mc)Also in order to guarantee the free return according to the following article 8, the Products must be returned in the same box in which they were sent. In addition to the cases indicated in Foreword (customer not consumer and/ or that requires the invoice), the right of withdrawal is excluded in the following cases, pursuant to Art. 59 Legislative Decree 21/2014 order of products:
- custom-made or clearly customised;
- which may deteriorate or expire rapidly;
- sealed, which are not suitable for return for hygienic or health protection reasons or which have been opened, with the express exception of the provisions of art. 59 Consumer Code (Legislative Decree D.Lgs. 21 February 2014) and in legitimate application of art. 59, first paragraph, lett. (d*) and (**e) of the aforementioned Code, given the nature of the goods - perishable products - supply of food and drink sealed goods - subject of this contract, cannot be exercised right of withdrawal.*d) the supply of goods liable to deteriorate or expire rapidly;
**e) the supply of sealed goods which do not lend themselves to return for hygienic or health protection reasons and were opened after delivery
Art.59 of the Consumer Code: Legislative Decree no. 21 of 21 February 2014 (with art. 2, paragraph 1) provided that the amendments made to this article apply to contracts concluded after 13 June 2014.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and agrees that among the Products that "risk to deteriorate or expire quickly" include all Food Products, as the characteristics and qualities of these types of Products are subject to alteration even as a result of improper storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to Moja - Antica Gastronomia and put back on the market without endangering the health of consumers. In cases of exclusion of the right of withdrawal, Moja - Antica Gastronomia will return the purchased products to the customer, charging the same shipping costs.
- LEGAL GUARANTEE OF CONFORMITY
IThe products - non-food - purchased on the site enjoy the legal guarantee of conformity of goods, art.128 and ss. Consumer Code. The legal guarantee is worth two years. To take advantage of the warranty you must request authorization to return the goods - RMA - through our contact form In case of conformity defects of Products sold by Moja - Antica Gastronomia the Customer must immediately contact the Customer Service by email at the email@example.com. The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, at no cost, the conformity of the Product by repair or replacement, or an appropriate price reduction or termination of the contract. The customer forfeits these rights if he does not report to Moja - Antica Gastronomia the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within that shorter period. The Customer must specify in addition to the reason for the complaint also the order number of the purchase, the delivery date and the data with which the order was placed. The Customer will be available to send photographic proof of damage or non-conformity by electronic means or the product itself to:Moja - Antica Gastronomia
att.ne Customer Service
Via E. Fermi, 1
62010 Mogliano (Mc)The legal guarantee covers only the replacement of the goods not in conformity with the sales contract, as the subject of the contract are foodstuffs. The warranty does not operate in the event that the defects reported are due to incorrect storage, handling or use or transport of the product by the consumer or failure to comply with the instructions provided by the food manufacturer on the product label. Similarly, the warranty does not operate whenever the defect is attributable to the culpable or malicious conduct of the consumer or depends on other causes not related to the production and transport of the product to the home of the consumer.In case of lack of conformity, duly denounced in due time, the Customer will be entitled to the replacement of the product within a reasonable period unless the remedy itself is objectively impossible or excessively onerous or at a secondary level will be entitled to the reduction of the price or the termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to seek the remedy of replacement, does not give the right to terminate the contract.
Moja - Antica Gastronomia reserves the right to verify the existence of the lack of conformity. Moja - Antica Gastronomia can never, in any case, be burdened with charges arising from any delay in delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be carried out within 60 days of delivery of the defective product to Moja - Antica Gastronomia. Otherwise, the Customer may seek one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account the possible use of the property).
- REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR THE RESOLUTION OF ON-LINE CONSUMER DISPUTES (ODR)
For any comment, suggestion, request for information or complaint, the customer can contact Moja - Antica Gastronomia at the following number + 39 0733.557803 (from Monday to Friday from 9.00 to 12.00, and from 15:00 to 16:00) - or by sending an e-mail to firstname.lastname@example.org. Customer service will handle requests and complaints received as soon as possible and, in any case, in compliance with the legal deadlines. In any case, pursuant to art. 14 of Regulation 524/2013 Moja - Antica Gastronomia informs the Customer that, in case of dispute, may submit a complaint through the European platform ODR (Online Dispute Resolution) accessible at the following link. The ODR platform is an access point for users who wish to resolve out-of-court disputes arising from online sales and service contracts.
- APPLICABLE LAW AND JURISDICTION
The sales contract between the customer and Moja - Antica Gastronomia is intended to be concluded in Italy and regulated by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this contract of sale at a distance if the Customer is a consumer under the Consumer Code will be the exclusive jurisdiction of the Court of his municipality of residence or domicile if located in the Italian territory; In all other cases, the Court of Macerata will have exclusive jurisdiction.
Pursuant to art. 1341 of the Italian Civil Code, the Customer declares that he has carefully read and specifically accepts the following articles:
3) Prices of products and shipping costs;
4) Payment methods and conditions;
7 ) Delivery;
8) Right of withdrawal;
9) Legal guarantee of conformity
10) Requests, complaints and European platform for online dispute resolution with consumers (odr)
11) Applicable law and jurisdiction