WITHDRAWALS AND RETURNS
ART.8 RIGHT OF WITHDRAWAL (CONSUMER CODE D.LGS 206/05 E 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 be able to guarantee the free return pursuant 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 products that do not lend themselves to being returned for hygienic or health protection reasons or that have been opened. 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 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.
ART.9 LEGAL GUARANTEE OF CONFORMITY
The 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 contact immediately via email to firstname.lastname@example.org the Customer Service.
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).