The goods subject to these general conditions are sold by Moka Professional S.r.l.s. Piazza Giacomo Matteotti, 52 41121 Modena (MO) Italy VAT No. 04009500366 hereinafter referred to as the "Supplier".
Art. 1 Definitions
1.1. By the term "online sales contract", the contract of sale relating to the movable tangible goods of the Supplier is understood, entered into between the Supplier and the Buyer within the framework of a distance selling system through telematic tools, organized by the Supplier.
1.2. By the term "Buyer" is meant the individual consumer who makes the purchase, under this contract, for purposes not related to any commercial or professional activity that may be carried out.
1.3. By the term "Supplier" is meant the subject indicated in the heading or the provider of information services.
Art. 2 Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely through telematic tools the tangible movable goods indicated and offered for sale on the website moka-professional.com
2.2. The products referred to in the previous point are illustrated on the web page: moka-professional.com
Art. 3 Conclusion of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer's access to the address moka-professional.com, where, following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods, the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the accurate completion of the request form and the consent to purchase expressed by sending the online subscription or by completing the form/module attached to the online electronic catalog at the address www.moka-professional.com/products/order and the subsequent sending of the same form/module, always after viewing a printable summary web page of the order, which contains the details of the ordering party and the order, the price of the purchased goods, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times, and the existence of the right of withdrawal.
4.2. At the time the Supplier receives the order from the Buyer, it sends a confirmation email or displays a confirmation and summary web page of the order, printable, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Art. 5 Payment, return, and refund methods
5.1. Every payment by the Buyer may only be made by PayPal, credit card via Stripe wallet, advance bank transfer, and cash on delivery. In case of business customer or reseller, payment can be made through bank receipts or scheduled bank transfers.
5.2. Any refund to the Buyer will be credited by one of the methods used for payment, promptly, and, in case of exercising the right of withdrawal, as regulated by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.
5.3. All communications related to payments take place on a specific line of the Supplier protected by encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
5.4. For damaged goods, the refund will be equal to the entire amount paid by the customer, for the return of a conforming product not liked or ordered by mistake, the refund will be equal to the amount paid less the shipping costs for the return. If the customer ships the product at his own expense, a full refund will be applied.
Art. 6 Times and methods of delivery
6.1. The Supplier will deliver the selected and ordered products, with the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email.
6.2. Shipping times may vary from the same day of the order to a maximum of 21 working days from the confirmation of the order. In case the Supplier is unable to make the shipment within said period, but in any case within that indicated in the following point, timely notice will be given by email to the Buyer.
6.3. Shipping costs are free for orders over € 99.00 unless otherwise indicated on the product. For free shipping, it is necessary to equip yourself with two people for manual unloading. If the Buyer is unable to equip himself for unloading, an additional cost of €59 for the tailgate will be required, otherwise the product will be returned to the warehouse.
Art. 7 Prices
7.1. All the selling prices of the products indicated on the website moka-professional.com are expressed in Euro and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The prices include VAT and do not include any additional taxes, duties, or taxes due in the country of delivery, and shipping costs unless otherwise indicated.
Art. 8 Product Warranty
8.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
8.2. The Buyer loses the rights provided for in the previous point if he does not report to the Supplier the lack of conformity within two months from the date on which he discovered the defect. The complaint is not necessary if the Supplier has acknowledged the existence of the defect or has concealed it.
Art. 9 Legal conformity warranty
9.1. The Supplier guarantees the conformity of the goods with the provisions of the law.
Art. 10 Right of withdrawal
10.1. Pursuant to art. 5 DL 185/1999, if the customer is a consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number reference on the order form), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases indicated in the following point.
10.2. To exercise this right, the customer must send notice to that effect within 14 days from the date of receipt of the goods.
Art. 11 Force majeure
11.1. The Supplier will not be liable in any way for the delay or non-delivery due to force majeure or unforeseeable circumstances.
Art. 12 Jurisdiction and applicable law
12.1. Any dispute regarding the application, execution, interpretation, and violation of purchase contracts concluded "online" through the website moka-professional.com is subject to Italian jurisdiction.
12.2. These general conditions are reported, although not expressly provided for therein, in conjunction with the Legislative Decree 50/92 and Legislative Decree 206/05.